Khatim Reza, J. – This Second Appeal has been filed by the appellant against the judgment and decree dated 06.10.2010 passed by the learned Addl. District Judge, F.T.C. II, Nawada in Title Appeal No. 05 of 1999/02 of 2010 whereby the learned appellate court has affirmed the judgment and decree dated 23.02.1999 passed by the Munsif, Nawada, in Title Suit No. 306 of 1999 whereby, the learned trial court dismissed the suit of the plaintiff-appellant.

2. In this appeal, the following substantial questions of law have been formulated for determination: –

I. Whether in view of the averment of plaintiff in the plaint regarding settlement of 5 ½ dhurs (approximately one decimal) of land of plot no. 2690 from the ex-landlord after the cadastral survey and non-denial of this fact by the defendants in their written statement, the impugned judgments can be sustained without legal adjudication of this claim of the plaintiff on the basis of the evidence adduced in that regard?

II. Whether when admittedly C.S. Plot no. 2690 has been recorded as Katchhari in Cadastral Survey Khatiyan as well as revisional survey Khatiyan, the ex-landlord/tenure holder could have the right to settle the suit land wit