Khatim Reza, J. – Heard Mr. Shabbir Ahmad, learned counsel for the appellants and Mr. Vinod Kr. Singh, learned counsel assisted by Mr. Asit Kumar Jha, learned counsel for the respondents.

2. This Second Appeal has been filed against the judgment of reversal dated 10.06.2015 passed in Title Appeal No. 62 of 2012 by the learned Additional District Judge-VI, Motihari, East Champaran whereby the learned Appellate Court set aside the judgment and decree dated 25.09.2012 passed in Title Suit No. 313 of 1994 by the learned Munsif Sadar, Motihari and decreed the suit.

3. In the present Second Appeal, the following substantial questions of law have been framed for determination: –

(I). Whether it was incumbent upon the Trial Court to have framed the issue in respect of date/year of the death of said Kaniza Khatoon and non-framing of the issue materially prejudiced the case of the parties?

(II). Whether the findings recorded by the first Appellate Court decreeing the suit in favour of the plaintiff/respondents is perverse in the absence of any finding with reasons in respect of date/year of the death of said Kaniza Khatoon?

4. The defendants are appellants in the instant Second Appeal. The plaintiff/respondents filed Title Suit No. 313 of 1994 for declaration of title and confirmation of possession over the suit land and for permanent injunction.

5. The plaintiff had filed the Title Suit No. 313 of 1994 with respect to the suit land situated in Mauza-Madhubani, Tola- Dariyapur, Thana No. 176, Anchal- Areraj, Dist.-East Champaran bearing Khata No. 1072, Plot No. 9211 Area 5 katha 7 dhur for declaration of her title and confirmation of her possession over the suit land and for restraining the defendants to enter on the said land.

6. The case of the plaintiff, is that one Ismail Khan had five sons, namely, Rahmatullahh Khan, Karamtullahh Khan, Md. Taqi Khan, Khurshid Khan and Imam Khan. Rahmatullahh Khan had one son, namely, Shibgatullah Khan and three daughters, namely, Ummul Khatoon, Monazirun and Umeman Khatoon. Wife of Karamtullah Khan was Bibi Kaniza Khatoon and he had two sons, namely, Mazharuddin Khan and Zafir Khan. The said Mazharuddin Khan died leaving behind a widow Monazirun. Taqi Khan died issueless soon after survey. The land in suit was under cultivating possession of bataidar, namely, Sadakat Khan and his name was entered as sikmidar in the Khatiyan published on 02.04.1917. During survey operation on 03.02.1916, Karamtullah Khan mortgaged the said land to Babar Ali Khan for a loan of Rs. 34/- and the said fact is noted in the Khatiyan and later on 05.12.1918 said Karamtullah returned the said amount to Babar Ali Khan and got back his land. After the survey, the said Sadakat Khan left the cultivation as bataidar and the said land came in cultivating possession of the Khatiyani Raiyats. Taqi Khan died 3- 4 years after the survey and other four brothers partitioned the said land orally.

7. It is further case of the plaintiff that Rahmatullah Khan and Khurshid Khan orally sold their 1 bigha land to Bibi Kaniza Khatoon wife of Karamtullah Khan on consideration amount of Rs. 95/- and also put her in possession of the same and in proof of the same executed a deed on the stamp paper with respect to their lands which were in separate possession of the vendors and since Kaniza Khatoon was a member of the same family, both the vendors executed a single deed by both the vendors and Kaniza Khatoon also consented to it. Both the vendors received their half-half share of the consideration amount. The said Kaniza Khatoon died in the year 1933 and her husband died one year prior to her death. After the death of Kaniza Khatoon her two sons, namely, Mazharuddin Khan and Zafir Khan came in possession over the suit land and partitioned the suit land as such 2 katha 13 ½ dhur from south fell in the share of Zafir Khan. It is further pleaded that Mazaruddin Khan executed Bai Moquasa deed in respect of 16 katha 2 dhur land including 2 katha 14 dhur of th