JUDGMENT :

The Second Appeal has been filed by the defendants-appellants against lower appellate court's judgment and decree dated 03.04.2007 passed by the learned Additional District Judge, Fast Track Court-II, Munger in Munsifi Title Appeal No. 02 of 1998 allowing the appeal and reversing the judgment and decree dated 16.12.1997 passed by learned Munsif-II, Munger in Title Suit No. 59 of 1986 by which suit of the plaintiffs-respondents was dismissed.

2. On 16.02.2010, the following Substantial Questions of Law were formulated while admitting the appeal:-

(I). Whether the learned court of appeal below, while reversing the judgment and decree of the trial court, was justified in decreeing the suit and claim of the plaintiffs for recovery of possession only without any relief sought with regard to declaration of title or redemption of mortgage of 1920?

(II). Whether the suit and claim of the plaintiffs was barred under proviso (2) Section 34 of the Specific Relief Act, 1963?

(III). Whether the learned court of appeal below rightly put onus on the defendants-Ist party to disprove the relationship of the plaintiffs with mortgagors?

3. The respondents-Ist set/plaintiffs filed Title Suit No.