- (1.) Today Mr. Chatterjee, learned Senior Advocate has made his submissions on behalf of the appellant and prayed before this Court that substantial questions of law should be formulated. Having heard Mr. Chatterjee, learned Senior Advocate, this Court is of the view that this appeal should be heard on the following substantial questions of law: 1. Whether or not the learned lower appellate court erred in not holding that the suit is not maintainable in the absence of Pannalal Barui as a party to the said suit when the said Pannalal Barui is the brother of Bhabani Barui (Predecessor of the plaintiff); 2. Whether or not the learned lower appellate court erred in relying upon the evidences of Pannalal Barui wherein he has stated that the suit property has been partitioned but no document of partition has been filed in the suit and such statement of Pannalal Cannot confer any title upon the plaintiffs; 3. Whether or not the learned lower appellate court erred in not holding that the long possession of the defendant in respect of the suit property would indicate that the defendant was a tenant in the suit property, particularly, when there was no relationship between the defendant and the plaintiffs and/or their predecessor; 4. Whether or not the learned lower appellate court failed to consider the question as to what could have been the status of the defendant in respect of the suit property between 08.09.1968 and 15.08.1979 as exhibit '1' and A(1) indicate that two different dates have been mentioned in the said notices, being the said exhibits, with regard to the induction of the defendant in the suit property, i.e. 08.09.1968 and 15.08.1979.
(2.) After the aforesaid substantial questions of law have been formulated, the said learned senior Advocate proceeded to continue with his submissions on behalf of the appellant.
(3.) Today, Mr. Jiban Ratan Chatterjee, learned Senior Advocate completed his submissions on behalf of the appellant. Thereafter the learned Advocate for the plaintiffs/respondents made his submissions and completed his submissions.;