1. Heard learned counsel for appellants Mr. A.K. Sahani as well as learned counsel for the respondent appearing for the State Mr. Kaushal Kishore Mishra.

2. Instant second appeal has been preferred against judgment and decree dated 12.02.2004 (decree signed on 27.02.2004), passed by learned District Judge, Jamtara in Title (Eviction) Appeal No.2 of 2002 reversing the judgment and decree dated 09.10.2002 (decree signed on 18.11.2002), passed by learned Sub-Judge III, Jamtara in Eviction Suit No. 01 of 1994, 182 of 2002, whereby and whereunder, the suit filed by the plaintiff / respondent has been decreed by the first appellate court vide judgment and decree dated 12.02.2004 by setting aside the judgment of dismissal of suit passed by the trial court in title suit no. 01 of 1994 / 182 of 2002 dated 09.10.2002.

3. This appeal admitted for hearing vide order dated 24.11.2004 on following substantial question of law: -
(i) Whether the lower appellate court has misconstrued and misinterpreted the provisions of law in setting aside and reversing the findings of the trial court?"

4. Factual matrix giving rise to this appeal in a narrow campus is that the plaintiff (respondent herein) has