(1.) I had the benefit of reading the scholarly judgment of my learned Brother, Hrishikesh Roy, J., dismissing this appeal filed against the judgment and order of the High Court[1] dtd. 12/1/2010 passed in S.B. Civil Regular Second Appeal No. 114 of 2004. However, since Im of the opinion that plaintiffs suit was not maintainable in respect of the land which was acquired by a notification, the defendants appeal is entitled to be allowed. Therefore, Im recording my opinion separately.
(2.) This is a defendants appeal against the order of the High Court dismissing his second appeal preferred against the judgment and decree of reversal passed by the first appellate Court[2] The first appellate Court had not only set aside the decree of the Trial Court[3] to the extent it denied complete relief as sought in the suit,[4] but decreed the suit of the first respondent in its entirety.
(3.) To have a clear understanding of the issues that arise for consideration in this appeal, it would be apposite to advert to the pleadings in the suit out of which the appeal arises.
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