SUKHNATH MUDI Vs. SATISH CHANDRA MAHATA

JUDGEMENT

(1.) THE defendant is the appellant against the judgment of reversal.

(2.) THE plaintiffs/respondents filed a suit alleging that 1.02 acres of land in plot No.1/110 with other lands originally belonged to Bijoy Krishna Pal who sold the same to his sons namely Nanda Dulal Pal and Chitta Ranjan Pal through a registered kobala dated 23rd September, 1974. While Nanda Dulal Pal and Chitta Ranjan Pal were possessing the same in ejmal, they sold .31 acres with incomplete construction thereupon to the plaintiffs by two kobalas both dated 20th of April, 1994. THE defendant No.1 forcibly trespassed and constructed a Challa in a portion of said purchased land being suit land as described in Schedule B of the plaint. Hence was the suit for recovery of khas possession by evicting defendant No.1 therefrom.

(3.) LEARNED Lower Appellate Court, however, put reliance on Commissioners report in perspective of other evidence on record and decreed the suit after setting aside the judgment of learned Trial Court. At the time of admission of this second appeal the following substantial question of law was framed.