M. Y. EQBAL, J.

( 1 ) THIS appeal has been listed for hearing on the preliminary question of maintainability of this Second Appeal.

( 2 ) I have heard Mr. N. K. Prasad, learned counsel for the appellant.

( 3 ) THIS appeal has been filed under S. 100 read with Order 21, Rule 103 of the C. P. C. challenging the judgment dated 23-8-2002 passed by 1st Additional District Judge, Jamshedpur in Misc. Appeal No. 3/1984 whereby he has dismissed the appeal and confirmed the order dated 19-11-1983 passed by Munsif, Jamshedpur in Misc. Case No. 26/77.

( 4 ) IT appears that respondent No. 1 Kali Prasad filed an application Under Order 21, Rule 99 C. P. C. in Execution Case No. 280/70 for putting him in possession of the house being Holding No. 431 alleging inter alia that he was illegally dispossessed from the said house in consequence of writ of delivery of possession in Execution of a decree. The case of the respondent is that the house in question belonged to one Bhima Gorai respondent No. 2 who sold the holding by registered sale deed dated 6-6-1966 in his favour and delivered possession of the same and since then he has been residing with his family members. On 25-4-1977 he along