BUDHESHWAR SINGH Vs. KRISHNA PRATAP SINGH

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellant herein/plaintiff against the impugned judgment and decree passed by the first appellate Court reversing the judgment and decree passed by the trial Court, dismissing the suit of the plaintiff.

(2.) Learned counsel for the appellant/plaintiff submits that the first appellate Court was absolutely wrong in reversing the judgment and decree passed by the trial Court. He further submits that first appeal was preferred by defendant No.1 who was formal party and further the first appellate court reversed the judgment and decree of the trial Court by recording a finding which is perverse to the record. The Naib Tahsildar granted patta in favour of the plaintiff in the year 1992, as such, the appeal involves substantial question of law for determination and the appeal may be admitted for hearing by formulating substantial question of law. To substantiate his arguments, learned counsel for the appellant placed reliance in the matters of Ranveer Singh and Ors. Vs. State of MP, 2010RN 409 and Sitaram Vs. State of MP, 1999 RN 82.

(3.) Heard learned counsel for the parties, considered their submission and went through the record with utmost circumspection.