- (1.) Heard learned counsel for both the parties and perused the record.
(2.) This Second appeal has been filed against the judgement rendered by the First Appellate Court in Civil Appeal No.7 of 2004 by which the appeal has been dismissed by the First Appellate Court and the judgement of the Trial Court has been upheld.
(3.) This Second Appeal has been admitted on the following substantial questions of law: i. Whether the judgement rendered by the two courts below holding the plaintiff to be owner of the land in question merely on the basis of a sale deed claimed by him without the least considering whether the said vendor had got any right, title and interest in the property in dispute, is justifiable ? ii. Whether as per plaintiff's own assertion, plaintiff's vendor having acquired right by deed of relinquishment and unless the same antecedent title is established no title could be deemed to have accrued on such person by illegal relinquishment and the judgment rendered by the two courts below without adverting to this aspect of the matter is sustainable in the eye of law?;