SACHCHIDANAND DAS Vs. YOGESHWAR DAS

JUDGEMENT

(1.) This second appeal preferred by the plaintiff / appellant herein was admitted for hearing on the following substantial question of law: - "Whether the first appellate Court has committed an error of law by dismissing the entire suit of the plaintiff which was partly decreed by the trial Court and there was no appeal or crossappeal by defendant No.1 before the first appellate Court?"

(2.) The plaintiff and defendant No.1 both are brothers. The plaintiff filed suit stating inter alia that so far as the property shown in Schedule B of the plaint, he is the exclusive owner and he is entitled for possession from defendant No.1 which was opposed by defendant No.1 by filing written statement.

(3.) The trial Court after appreciation of oral and documentary evidence available on record partly allowed the suit of the plaintiff holding that the plaintiff is entitled for 4/9 share out of 4.11 acres of land shown in Schedule B of the plaint, defendant No.1 is also entitled for 4/9 share out of 4.11 acres of land and sister of the plaintiff & defendant No.1 is entitled for 1/9 share out of 4.11 acres of land against which only the plaintiff preferred first appeal before the first appellate Court stating that he is the exclusive title holder of the property shown in Schedule B of the plaint which the first appellate Court did not accept that he is entitled for the entire property and dismissed the appeal, but simultaneously also set aside the decree already granted in favour of the plaintiff which was not assailed by defendant No.1 by filing cross-appeal or regular appeal. Being aggrieved by the judgment & decree of the first appellate Court, the plaintiff has preferred this second appeal in which substantial question of law has been formulated which has been set-out in the opening paragraph of this judgment.