GANGA PRASAD SHARMA Vs. BENI PRASAD SHARMA

JUDGEMENT

(1.) Respondent/plaintiff had filed a suit for possession in respect of suit property admeasuring 186.5 square yards, which is in possession of the appellant/defendant. Trial Court dismissed the suit of the respondent holding that the land conveyed to the respondent vide Ex.PW-1/1 was not the land for which possession was sought and that respondent had failed to prove his ownership qua the land shown in yellow color in the site plan Ex.PW-4/1. Trial Court also observed that appellant was in continuous possession of the suit property for more than twelve years before filing of the suit.

(2.) Respondent filed an appeal challenging the judgment and decree of the Trial Court. Appellate Court vide its impugned judgment and decree dated 26th March 1982, set aside the judgment and decree of the Trial Court and decreed the suit of the respondent. Hence, this appeal under Section 100 of the Code of Civil Procedure (hereinafter referred to as CPC').

(3.) This application has been filed by the appellant seeking formulation of substantial questions of law, as according to him no substantial question of law was formulated by this Court and without formulating substantial question of law; appeal could not be heard and finally decided by this Court. He suggested substantial questions of law in para-4 of the application.