KRISHNAPAD MANDAL Vs. KALIPAD JORDAR (DEAD)

JUDGEMENT

(1.) This second appeal has been admitted on the following substantial questions of law: -

(2.) The plaintiff filed a suit that he is the Bhumiswami of the suit land which was given to him on lease for ten years, but thereafter, he did not return the land leading to filing of suit for declaration of title, mesne profit, permanent injunction and possession in which the defendants admitted the title of the plaintiff as owner and claimed perfection of title by adverse possession which the trial Court accepted and dismissed the suit, but the first appellate Court reversed the judgment and decree of the trial Court on appeal taken by the plaintiff holding that the plaintiff's title has been admitted as a lessee and the plea of adverse possession has not been proved in accordance with law against which this second appeal has been preferred and substantial questions of law have been framed which have been set-out in the opening paragraph of this judgment.

(3.) Mr. V.K. Pandey, learned counsel for the appellants / defendants, would submit that the first appellate Court is absolutely unjustified in granting decree in favour of the plaintiff, as the plaintiff has failed to produce the lease deed in his favour which has already expired after ten years, therefore, the decree granted is unsustainable and bad in law.