RAJKUMAR SETHIA Vs. JAYASREE SENGUPTA

JUDGEMENT

(1.) The suit for recovery of possession against the trespasser stood decreed by the Trial Court and such decree affirmed by the First Appellate Court, the defendant/appellant is assailing the concurrent finding of facts in the instant second appeal asserting that it involves substantial question of law and, therefore, to be admitted under Order 41 Rule 11 of the Code.

(2.) A little prelude to the facts emerged from the record are adumbrated herein below:

(3.) It would be pertinent to record that though the decree for eviction passed against the appellant was not executed but subsequently, a suit was filed by the original plaintiff being Title Suit no. 280 of 2001 in the Court which was ultimately decreed on contest declaring the purported sale -deed dtd. 7/10/1998 to be void and the said decree has not been assailed further and, therefore, attained finality.