1. The petitioners who are the heirs of the original plaintiff, are aggrieved by the judgment and decree dated 21.03.2009 passed by learned Additional District Judge-cum-Fast Track Court IV, Siwan in Title Appeal No. 54 of 1993, whereby he has set aside the judgment and decree dated 19.05.1993 passed by learned 5th Sub-Judge, Siwan in Title Suit No. 276/1978; in the present second appeal under Section 100 of the Code of Civil Procedure.

2. Learned Trial Court had decreed the suit holding the title of the original plaintiff over the suit property. Briefly stated, the facts of the case are that one Ram Ekbal Choudhary had two daughters, Dhanwatia and Rajwatia (the plaintiff). Munari was the wife of Ram Ekbal Choudhary. The parents of the original plaintiff were originally residents of village Hathauri. They however settled at village Mahpur. The original plaintiff (Rajwatia) was married from that village (Mahpur) and her sister Dhanwatia got married with the cousin of the plaintiff’s husband, of the same village i.e. Kaushar. The defendants 1st set / Respondent 1st set are the heirs of said Dhanwatia, as Dhanwatia at the time of institution of the suit was no more. Plai