Mr. Vijayendra Nath, J.—Heard the learned counsel appearing on behalf of the appellants.

2. No one has appeared on behalf of the respondents on 4.11.11 when this appeal was called out for hearing and the learned counsel for the appellants had been heard in part. On 11.11.11 when the hearing of this appeal resumed, again no one had appeared on behalf of the respondents.

3. This appeal has been filed against the judgment and decree passed in Title Appeal No. 30/83/13/86 on 17.7.1986 by Additional District Judge-III, Bettiah whereby the judgment and decree dated 30.7.1983 passed in Title Suit No. 21/80 by 1st Additional Sub-Judge, Bettiah has been reversed. This appeal was earlier heard and was allowed by judgment and decree dated 2.8.2001 by this Court but the same had been set aside by the Hon’ble Supreme Court by its order dated 28th August, 2009 passed in Civil Appeal No. 2446/02 and the matter has been remitted back to this Court to consider the appeal afresh after hearing the parties.

4. The plaintiff has filed the suit for declaration that the sale deed dated 11.1.79 alleged to have been executed by his father Chhatu Mahto in favour of defendant no. 2 was forged,