ANJOR SINGH Vs. AMAR SINGH

JUDGEMENT

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

(2.) Impugning the legal acceptability and sustainability of the judgment and decree dated 21-10-2005 passed by the Additional District Judge, Bilaspur (Chhattisgarh) in Civil Appeal No. 14-A/2005, instant second appeal under Section 100 of the CPC has been preferred by the plaintiffs, which has been admitted for final hearing on the substantial question of law as mentioned in opening paragraph of this judgment.

(3.) Mr. Somnath Verma, learned Counsel appearing on behalf of the appellants/plaintiffs would submit that both the Courts below have committed manifest error of jurisdiction in dismissing the suit of the plaintiffs by holding that plaintiffs have failed to establish their title over the suit land. He would further submit that the defendants have clearly admitted in their written statement that they have only purchased 2.32 acres of the land and claimed suit land on the basis of exchange, was required to establish the fact of exchange, which they have miserably failed, therefore, appeal deserves to be allowed and decree be granted in favour of plaintiffs.