S. KUMAR, J.:–Heard the parties.

2. This miscellaneous appeal has been filed on behalf of plaintiffs/appellants against the judgment and order dated 13.05.2013 passed by 1st Additional District Judge, Purnea in Title Appeal No. 25 of 2010 by which the learned 1st appellate court has remanded the matter to the trial court after setting aside the judgment and decree of the trial court and framed two issues to be determined by the trial court as well as liberty to trial court to frame any other issue if found necessary after filing of written statement by defendant 3rd party.

3. Plaintiffs/appellants had filed suit for declaration of their right, title, interest and possession over the suit property as detailed in Schedule-A of the plaint and further for declaration that the entry made in the name of State of Bihar in the Municipal Survey Records is wrong and incorrect and same is to be deleted and recorded in the name of plaintiff as he has got valid title and possession over the suit property.

4. The case of the plaintiff as set out in the plaint is that Late Beer Narain Chand was the common ancestor of plaintiff and defendant 2nd party and defendant 3rd party who owned and possessed the suit lands measuring about 3 bighas 1 kathas which was orally settled 70 years before in his favour by ex-landlord and the land was demarcated by raising boundary wall and same remained in his possession throughout. Holding was created in the Purnea Municipality in respect of suit property in the name of late Beer Narain Chand who paid the municipal taxes and after his death plaintiff used to pay municipal taxes.

5. After vesting of the interest of ex-landlord in the State of Bihar Late Beer Narain Chand was recognized by the State of Bihar as its tenant in respect of suit land and in revenue records of Government of Bihar, his name was entered in Register-II and Jamabandi was running in the name of Late Beer Narain Chand and rent was paid and receipt was being granted by State of Bihar. Beer Narain Chand died on 02.05.88 leaving behind one son Pratap Narain Chand and a daughter Madhuri Singh as his legal heirs and successors.

6. It was stated by the plaintiff in his plaint that Madhuri Singh d/o recorded tenant late Beer Narain Chand was married in a well to do family and her husband T.P. Singh was a high official as such she disowned her claim over the suit land and accordingly, Pratap Narain Chand, father of plaintiff became the exclusive owner of the suit land and remained in possession during his lifetime, however, in order to avoid any future complication the heir of Madhuri Singh (deceased) were made defendants third party in the Suit.

7. Pratap Narain Chand died on 30.03.1990 leaving behind plaintiff and defendant 2nd party as his legal heirs but his daughter defendant no. 5 was married in a well to do family and she disowned her claim over the suit land and other properties in favour of plaintiffs and as such the plaintiff and defendant no. 2 to 4 became exclusive owner of the suit land. It is further stated in the plaint that by virtue of amicable partition between plaintiff and defendants no. 2 to 4 the suit properties fully detailed in Schedule-A of the plaint exclusively fell in the share of plaintiff and since then plaintiff is coming in possession of the suit land as its exclusive owner, however, in order to avoid any future complication the other heirs of late Pratap Narain Chand and daughter of late Pratap Narain Chand are made defendants no. 2 to 5 as defendant 2nd party in the suit.

8. It has been stated in the plaint that cause of action for filing the suit arose on 26.07.92 when the Karmachari and the Amlas and other staff of State of Bihar came to the residential house of plaintiff and threatened to dispossess them as the suit lands were recorded in the name of State of Bihar and plaintiffs came to know for the first time on 26.07.92 that the suit property has been recorded in municipal survey records in the name of State of Biha