NARAYAN KEDIA Vs. PRASANTA KUMAR PATTNAIK

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree passed by the learned Addl. Civil Judge (Senior Division), Dhenkanal in C.S. No. 123/106 of 2003 which was confirmed by the learned District Judge, Dhenkanal in his judgment dated 21.11.2006 passed in R.F.A. No. 10 of 2004 with certain modifications in regard to the quantum of damages decreed by the lower appellate court. The substantial questions of law on which the second appeal has been admitted are as follows:

(2.) IN order to decide the above questions, it would be appropriate to state the facts of the case in gist, which are as follows:

(3.) THE trial court on the pleadings of the parties framed as many as eight issues and came to the following findings on scrutinizing the evidence on record: