SATRUPA BAI Vs. AVTAR SINGH

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law in a second appeal preferred by the appellant/defendant.

(2.) By the impugned judgment and decree, the Firth Additional District Judge, Durg, in Civil Appeal No.14A/2015 affirmed the judgment and decree dated 24.7.2014 passed by the Third Civil Judge Class-I, Durg, in Civil Suit No.47A/2012 decreeing the suit of the plaintiffs.

(3.) Mr.Vikas Shrivastava, learned counsel for the appellant/defendant, would submit that both the Courts below have concurrently erred in holding that the plaintiffs have proved their title over the suit land and they are entitled for decree of declaration of title and possession after removing the construction made by the defendants, by recording a finding which is perverse to record and as such, the appeal deserves to be admitted for hearing by formulating the substantial question of law for determination.