(1.) Appellant/defendant No. 1 has preferred this appeal challenging the judgment and decree passed in Civil Suit No. 32-A/2009 by the 1st Additional District Judge, Rajnandgaon. Facts of the case in brief are as under:--
(2.) After framing issues and recording evidence of the parties, learned Trial Court passed preliminary decree in favour o the plaintiff holding him entitled to half share, i.e., 5.77 acre of the land in the suit property and also Rs. 34,650/- as damages for three years and further Rs. 11,550/- per year till delivery of possession.
(3.) Shri Anoop Majumdar, learned Counsel for the appellant has assailed the above judgment and decree inter alia on the following grounds:--