JUDGMENT :

By the Court:- Heard the parties.

2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the concurrent judgment and decree dated 07.05.2008 passed by the learned 1st Additional District Judge, Garhwa in Title Appeal No.38 of 1998 whereby and where under, the learned first appellate court has dismissed the appeal and upheld the judgment and decree passed by the learned Sub-Judge-I, Garhwa in Title Suit No.12 of 1988 on 18.07.1998 whereby and where under, the learned trial court decreed the suit of the plaintiffs filed with a prayer for declaration that the suit lands are the raiyati lands of the plaintiffs coming in their continuous possession since the time of their ancestors and the defendants or their ancestors had neither any right nor title nor possession in respect thereof and if it is found that the plaintiffs have been dispossessed from the suit land by the orders passed in Misc. Case No.459/77 and Criminal Revision Case No.143/85 on any date they be ordered to be put in possession of the same.

3. The case of the plaintiffs in brief is that Sheo Sahai Singh, a tribal, chero by caste owned and possessed lands in village Obra and