SUDHIR AGARWAL,J. - (1.) Heard Sri Pankaj Agarwal, learned counsel for appellant. None has appeared on behalf of respondents through called in revise, hence I proceed to decide this appeal ex parte since it is pending for last 38 years.
(2.) This is a defendant's appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") arising from judgment and decree dated 24.08.1981 passed by Sri Akhtar Abbas, I Additional Civil Judge, Agra in Civil Appeal No.237 of 1980 whereby it has allowed plaintiff's appeal, set aside judgment and decree dated 19.05.1980 passed by Sri P. K. Agrawal, Ist Additional Munsif, Agra in Original Suit No.412 of 1978 whereby suit was dismissed; and the suit has been decreed.
(3.) Appeal was admitted by treating ground no.6 as substantial question of law and it reads as under : "Whether the findings recorded by the lower appellate court without considering the reasons for decision given by the trial court is not supported by the evidence on record and the lower appellate court has arbitrarily recorded a finding that Asharfi Lal Pradhan examined by defendant has admitted the fact that the disputed land is the same in respect of which lease has been executed in favour of the plaintiff while the statement of Asharfi Lal Pradhan is otherwise and he has categorically stated that Dungar, Plaintiff was never given possession of the disputed land nor any lease was executed in respect of the same in favour of plaintiff and on the contrary the disputed land was given to the defendant appellant on lease by the Gaon Sabha?" (emphasis added) ;