PRAMILA BAI Vs. TARABATI

JUDGEMENT

(1.) The substantial question of law formulated and to be answered by this Court in defendants' second appeal is as under:--

(2.) Questioning the legal acceptability and sustainability of the impugned judgment and decree dated 27.09.1991 passed by Additional District Judge, Bastar (Kanker) in Civil Appeal No. 9-A/1986, the instant second appeal has been filed by the defendants, in which, substantial question of law has been formulated, as it has been mentioned in opening paragraph of this judgment.

(3.) Mr. Prafull N. Bharat and Mr. Amrito Das, learned counsel appearing for appellants/defendants would submit that the suit for declaration of title based on adverse possession was neither maintainable in law nor the plaintiffs has pleaded and established the necessary ingredients of adverse possession, in order to defeat the right, title of the plaintiff on the suit land. They, would further submit that the First Appellate Court has committed legal error in reversing the finding of the Trial Court and thus, judgment and decree of the First Appellate Court be set aside and that of the Trial Court be restored.