MIRI Vs. SMT BAISAKHIN BAI

JUDGEMENT

(1.) HEARD on admission.

(2.) THE instant second appeal is directed against the judgment and decree dated 7-2-2004 passed by the 1st Additional District Judge, Bastar in Civil Appeal No. 9-A/2003 whereby and whereunder, the 1st appellate court has affirmed the judgment and decree passed by the 3rd Civil Judge Class-II, Jagdalpur in Civil Suit No. 16-A/2000 dated 29-3-2003 dismissing the plaintiff's suit and allowing in part counter suit filed by the defendant No. 1. Facts of the case, in brief, are as under:-

(3.) SHRI Bharat learned counsel for the appellant by referring para 6 of the statement of D.W. 1 Baisakhin Bai (defendant No. 1) would submit, the defendant No. 1 herself admitted plaintiff's long possession and thereby had admitted plaintiff's adverse possession over the suit property and the above piece of evidence has been ignored by both the Courts below.