RAM ADHAR Vs. BAIJ NATH

JUDGEMENT

(1.) This is the second appeal against the judgment and order dated 28.3.1980 passed by the Civil Judge, Pratapgarh by allowing the first appeal and setting aside the judgment passed by the learned Munsif, Pratapgarh in Regular Suit No. 34 of 1975 which was for demolition and possession, etc.

(2.) This second appeal has been admitted on substantial question of law No. 4 which runs as follows : "Whether non-consideration of the material evidence on record including the Commissioner's map and report by the lower appellate court and the findings recorded as such stand vitiated?"

(3.) I have heard arguments of the learned counsel for parties and have gone through the record.