AMARAVATI Vs. DHARAMRAJ

JUDGEMENT

(1.) Matter is on board and has been called. On 29.9.2010 counsel for the appellant had put in appearance. None had appeared on the earlier date when the matter had been taken up i.e. on 4.10.2010. None has appeared today either.

(2.) This appeal has impugned the judgment and decree dated 28.8.1992 which had endorsed the finding of the trial judge dated 15.5.1986 whereby the suit of the plaintiff Amravati Devi had been dismissed. Plaintiff had filed a suit for possession. Trial judge had framed five issues. In view of the oral and documentary evidence adduced before the trial judge the relief of possession was declined to the plaintiff. This has been confirmed by the first appellate court in the impugned judgment dated 28.8.1992.

(3.) This is a second appeal. On 25.5.2010, two substantial questions of law had been formulated which inter alia read as follows: