Kamal Kishore, J. - (1.) This is the second appeal against the judgment and decree dated 19.7.1980 passed by Sri N. C. Sinha, the then learned Civil Judge, Sultanpur dismissing the appeal and upholding the judgment and decree passed by the learned Munsif in Regular Suit No. 256 of 1978 which was a suit for perpetual injunction restraining the defendant from interfering in plaintiffs possession over the land in suit.
(2.) The following question of law has been formulated by this Court at the time of admission, as given in substantial question of law 'A', which runs as under : "Whether the court below has committed an error of law in basing his findings on the basis of the observations of the trial court with regard to his spot visit, which were not only wrong and contrary to the factual position on the spot, but also stood vitiated as no inspection note was prepared by the learned trial court nor an opportunity to file objections was afforded, the site plan prepared by the Advocate Commissioner having already become vitiated and superseded for not depicting the correct position of the spot."
(3.) I have heard the arguments and have gone through the records.;