CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

10 29-01-2026 Heard learned counsel for the appellants and learned counsel for the respondents.

2. This second appeal has been filed against the judgment of affirmance dated 04.06.2016 passed in Title Appeal No. 40 of 1999 by learned Additional District & Sessions Judge-VI, Bhagalpur, whereby the learned appellate court has upheld the judgment and decree dated 24.09.1999 passed in Title Suit No. 239 of 1996 by learned Sub Judge-IV, Bhagalpur.

3. The plaintiffs are the appellants in the instant Second Appeal.

4. The plaintiffs filed Title Suit for declaration of title and confirmation of possession over the suit land and also for declaring that the revisional survey entry is wrong.

5. The case of the plaintiffs, in short, is that the plaintiffs are the heirs of Sk. Jhaksu @ Jhakas Ali, who was son of Sk. Khushal and the defendants are the son of Sk. Bundey Ali who was also son of Sk. Khushal. Sk. Jhaksu and Sk. Bundey Ali were full brothers. It is further pleaded that both the brothers acquired certain landed properties separately but their residential house was within one and same boundary. Both the brothers were residing separately,