(1.) Heard.
(2.) This is the defendant's appeal against the Judgment and decree dated 31/10/2003 passed by the Court 3rd Additional District Judge, Akola in Regular Civil Appeal No.165/1999, whereby the learned First Appellate Court partly allowed the appeal by setting aside the Judgment and decree dated 09/04/1999 of Civil Judge, Junior Division, Patur in Regular Civil Suit No.41/1991 and allowed the plaintiff to execute the decree of possession against the defendant and also allowed the plaintiff to initiate a proceeding for claim towards mesne profit.
(3.) While admitting this appeal on 03/06/2008, this Court framed the following substantial questions of law.