D.G.R. Patnaik, J. - (1.) THIS appeal will be heard on the following substantial questions of law: (i) Whether the findings of the lower Appellate Court reversing the finding of the trial Court on the issue of plaintiffs' title and decreeing the suit as a full fledged title suit, although the plaintiffs' suit was originally for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, is perverse? (ii) Whether on amendment of the plaint at the appellate stage, the defendants were not given any opportunity to defend and file their additional written statement and, if so, whether the decree passed by the lower Appellate Court on the basis of the amended plaint can be sustainable in law? (iii) Whether the finding of the lower Appellate Court on the defendants' case of adverse possession was based on an erroneous consideration of the evidence and materials on record and therefore perverse? (iv) Whether the suit is barred under Section 65 of the Limitation Act and the finding of the Appellate Court in this regard is sustainable?
(2.) THE Court hearing the appeal may frame any other substantial questions of law, as may arise, at the time of hearing. Since the respondents have already through lawyer, no notice need issue.
(3.) CALL for the lower Court records. IA No. 472 of 2008;