D.N. Upadhyay, J.

1. This second appeal has been preferred by the plaintiff/appellant against the judgment dated 29th November, 2003 and decree dated 16th December, 2003, passed and signed by learned District Judge, Deoghar in connection with Title Appeal No.37 of 2003, whereby the judgment 19th August, 1986 and decree dated 13th July, 1987, passed and signed by learned 3rd Additional Sub Judge, Deoghar in connection with Title Suit No.83 of 1974/04 of 1984 has been set aside and the appeal preferred by the defendants first set stood allowed.

2. This Court while admitting the appeal framed following substantial question of law:-

“Whether lower Appellate Court has committed serious error of law in reversing the judgment and decree of the Trial Court on extraneous ground, beyond the pleadings and evidences on record?”

3. The fact of the case, in brief, is that the appellant, who was plaintiff in the court below, had filed a title suit, being Title Suit No.83 of 1974/04 of 1984. The plaintiff had purchased land, measuring 11 Bighas, 11 Kathas and 4 Dhurs, situated in village Sapha, Town Madhupur, being Thoka Nos.10 to 10/D of Patharol Ghatwal Estate, Holding No.120, Ward no.9 wi