The appellant has put to challenge the judgment and decree, dated 13.03.2013, passed by learned Ad hoc Additional District Judge IVth, Darbhanga, in Title Appeal No. 32 of 2011, whereby he has affirmed the judgment and decree, dated 27.09.2011, passed by learned Sub-Judge IVth, Darbhanga, in Title Suit No. 125 of 1999. The trial Court had dismissed the suit as barred by principle of res judicata, which has been affirmed by the first appellate Court.

2. The suit property is situated at Mohallah-Imambari, PO and PS- Laheriasarai, District-Darbhanga, which is of following descriptions:-

“Municipal Plot No. 26982

Area

11 ½ dhurs with house therein.

Boundary

North:- Niz Manmokaran, i.e., Amirti Devi & others

South”- Personal Gali and thereafter Phoolo Devi

East:- Sarak Sarkari

West:- Pokhra”

3. Instead of referring to the case of the plaintiff and the defendants, who are appellant and respondents herein, it would be apt, at this stage, to recount certain facts, in order to appreciate the controversy and dispute with better clarity.

4. The respondents are the defendants who had earlier filed Eviction Suit No. 24 of 1988 on the ground of personal necessity against one Kamal Mahto and the a