JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Sidhartha Roy, learned counsel appearing for the appellants and Mr. Vishal Kumar Tiwari, learned counsel appearing for the respondents.

2. The present second appeal has been filed being aggrieved and dissatisfied with the judgment dated 31.05.2012 and the decree dated 14.06.2012, passed in Title Appeal No. 09 of 2010, by the learned Principal District Judge, Jamtara, whereby the appeal has been dismissed and the judgment dated 05.10.2010 and decree dated 24.10.2010, passed by learned Sub-Judge-I, Jamtara, in Title Suit No. 42 of 1993 has been affirmed.

3. The appellants instituted the suit for declaration of their right, title and interest over the properties prescribed in Schedule-A, B and C of the plaint and further for declaration that the defendants first party and second party have absolutely no right over the land in suit and also for recovery of possession of properties and confirmation of possession besides other reliefs and cost of the suit.

4. The learned trial court, in Title Suit No. 42 of 1993, after appreciating the evidences i.e. oral as well as documentary, by the judgment dated 05.10.2010 has dismissed the said title suit. Aggrieved with that, appellants herein, filed the Title Appeal No. 09 of 2010, which was also dismissed by the learned appellate court by judgment dated 31.05.2012. Aggrieved by that, the present second appeal was filed.

5. The suit was instituted alleging therein that the parties to the suit are Hindus and governed by Dayabhaga School of Hindu Law. the properties in suit described in Schedule-A, B and C were recorded in the last Gantzers survey settlement in the exclusive name of Nagendrawala Dasi widow of late Ashutosh Dey. The said properties in the previous settlement i.e. in mcpherson settlement were recorded in the name of Ashutosh Dev S/o Mahan Dev. Mahan Dey was also used to be called Mahanand Dev. Mahan Dev had a paternal uncle named Madhu Dey. The said Madhu Dey had no issue and Mahanand Dey used to look after him. In consideration Madhu Dey by a registered deed of hibbanama (gift deed) dated 25.2.1880 transferred all his properties and all earthly belongings to Mahanand Dev. After death of Madhu Dev. Mahanand Dey continued to possess all those lands which he got from Madhu Dey. Mahanand Dey had three sons namely Gowardhan Dev, Ashutosh Dev and Shankar Dev. Ashutosh Dey used to live separate from MahanandDey. On the eve of mcpherson settlement, Mahanand Dey gave some of his properties to Ashutosh Dev in Khatiyan no. 1 of mouza Deoli which was exclusively recorded in the name of Ashutosh Dey. The remaining properties were recorded in the name of Mahan Dey. Ashutosh Dey was in exclusive possession of the said properties and he died before the last survey settlement i.e. Gantzer's settlement without any issue, but leaving his widow Nagendrawala Dasi and her name was recorded in the Gantzers settlement. Nagendrawala Dasi was in possession of the properties till her death and she died in Ashar 1360 B.S. corresponding to July 1953 without any issue. After her death. Narendra Nath Dey and Shankar Dey succeeded her properties. Shankar Dey died in Shrawan 1363 B.S. corresponding to August 1956 in unmarried stage where upon, Narendra Nath Dey succeeded to the interest of the Shankar Dey in all the properties and became the exclusive owner of all the properties in suit besides the properties, he inherited from his grand-father Mahanand alias Mahan Dev. Narendra Nath Dey died in Bhadra 1371 B.S. corresponding to September 1964 leaving behind the plaintiffs as his only heirs and successors. The plaintiffs are in possession of schedule B and C of the properties and are still in possession of the same. So far as the schedule A properties is concerned, the plaintiffs were in possession of the same till 28.5.1993, but the defendants 1st party dispossessed the plaintiffs from the said properties on 29.5.1993 as the end of March, 1993. The defendants st part