KRISHI UPAJ MANDI, KAWARDHA Vs. SHASHI PRABHA DEVI

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellant herein/defendant No.2 are as under:- "1. Whether the first appellate Court is justified in granting decree of declaration of title in favour of the plaintiffs without revocation of registered gift deed dated 28-3-1979 by registered deed of revocation and / or in accordance with Section 126 of the Transfer of Property act, 1882 by recording a fining which is perverse to the record ?

(2.) Whether the first appellate Court is justified in reversing the judgment and decree of the trial Court by recording a finding which is perverse to the record ?"

(3.) The trial Court upon appreciation of oral and documentary evidence available on record, by its judgment and decree dated 16.1.2008, dismissed the suit finding no merit. On appeal being preferred by the plaintiffs, the first appellate Court reversed the judgment and decree of the trial Court and granted decree of declaration of title and possession in favour of the plaintiffs by allowing the appeal. Feeling aggrieved and dissatisfied with the judgment and decree of the first appellate Court, this second appeal under Section 100 of the CPC has been filed by the appellant/defendant No.2, in which substantial questions of law have been framed, which have been set-out in the opening paragraph of this judgment for sake of completeness.