- (1.) The instant second appeal has been preferred against the non-concurrent judgment and decree dated 30.05.2009 (decree sealed and signed on 16.06.2009) passed by 5th Additional District Judge, Fast Track Court, Jamtara in Title Appeal No. 12/2008 setting aside the judgment dated 30.09.2008 (decree dated 20.11.2008) passed by Sub Judge-II, Jamtara in Title Suit No. 60/92.
(2.) The Appeal is listed under Order 41 Rule 11 Code of Civil Procedure. The contesting Defendant had filed a caveat and they are represented by their counsel. The respective counsels have agreed that the appeal may be decided finally at the stage of 'Admission' itself.
(3.) At the very outset, the counsel appearing on behalf of the Appellants pointed out that he has raised five substantial questions of law in the appeal. After hearing him at length, I am satisfied that the only substantial question of law which arises for consideration, is enumerated below: Whether finding of the learned lower Appellate Court on Point No. III, holding that registered Deed Exhibit-2, i.e. Deed of declaration as 'Ghar-jamai' of Fagu treating the same as deed of transfer is in violation of Section 20 of the Santhal Parganas Tenancy Act is erroneous and unsustainable?;