D.N.UPADHYAY, J. - (1.) THE defendant -appellant has filed this appeal against the judgment dated 25th September, 2002, decree dated 4.10.2002 passed and signed by the learned IIIrd Additional District Judge, Dhanbad in connection with Title Appeal No. 11/1994 whereby the judgment and decree passed in Title Suit No. 65/1990 has been set aside and the appeal stood allowed.
(2.) THE appeal has been admitted vide order dated 24.4.2003 on the following substantial question of law: - (i) Whether the finding recorded by the appellate court reversing the judgment of the trial court is perverse in law ? (ii) Whether the court of appeal below has committed error of law in not considering the deed of family partition arrived at between the parties ?
(3.) THE appellant was the defendant in the original suit whereas respondent was the plaintiff and, therefore, the appellant hereinbelow will be referred as defendant and the respondents shall be as plaintiffs. The plaintiff has brought a suit for evicting the defendant from the suit premises vide Title (Eviction) Suit No. 65/1990.;