BABY Vs. THOMAS

JUDGEMENT

(1.) ADMIT. The following substantial question of law is framed for a decision:

(2.) RESPONDENT appears through counsel.

(3.) IT is contended by the learned counsel for the appellant that the first appellate court was not right in reversing the judgment and decree of trial court which is based on evidence. IT is pointed out that the first appellate court has placed heavy reliance on Ext.B1, copy of report of the Village Officer which is not properly proved in the case. IT is contended that even Ext.C2, report relied on by the first appellate court is not sufficient to warrant a conclusion that there is a thodu along the side of the suit property as claimed by the respondent and at any rate that the respondent has any right over the thodu.