Abani Mohan Sinha, J. - (1.) This appeal is directed against the judgment and decree passed in First Appeal by the learned Additional District Judge, Twelfth Court, in Title Appeal No. 845 of 1983, arising out of Title Suit No. 53 of 1982. The learned Court of Appeal reversed the finding and decree of dismissal of the trial Court and decreed the suit in favour of the Plaintiff and directed him to deposit Rs. 15,000 at a time in one instalment in the Court below within 30 days of the passing of the decree, as the price of the suit property which was sold to the contesting Defendant No. 1, a stranger. The learned appellate Court also allowed the Plaintiff to pre-empt the suit property. Being aggrieved by such judgment and decree the Defendant no, 1 has preferred this appeal.
(2.) Mr. Ashok Sengupta, the learned Advocate duly assisted by Sri A. Mukherjee and Mr. B.K. Ghosal representing the Defendant-Appellant, has urged before us that the learned appellate, Court failed to appreciate the facts of the case and the law applicable to such facts in their proper perspective and came to a wrong finding on the point of law. It has further been urged that the judgment of the appellate Court suffered from some incurable infirmities because of wrong appreciation of evidence which led the Court to apply the law wrongly. According to him, the judgment of the learned appellate Court cannot be sustained in law and in fact.
(3.) Mr. Sudhis Dasgupta, the learned Advocate duly assisted by Sri. Jayanta Kr. Dasgupta, representing the Respondents has on the other hand supported the judgment and contended that the learned appellate Court below arrived at a correct finding on the question of fact and correctly applied the law to such fact.;