PRANESH RANJAN DE Vs. NARENDRA PRADHAN

JUDGEMENT

(1.) This Second Appeal is filed by the Plaintiff questioning the correctness of the impugned judgment of the First Appellate Court the impugned judgment passed by the Learned Civil Judge (Sr. Division), Talcher in T.A. No. 1/94 dated 31.1.2000 in appeal affirming the judgment and decree passed in T.S. No. 2/87 dated 31.1.1994 by the Civil Judge (Jr. Division), Talcher urging substantial questions of law at paragraph 16 of the memorandum appeal, which will be extracted in this judgment after referring to the basic facts that are required for the purpose of answering the aforesaid substantial questions of law. This Court vide Order Dated 11.12.2001 treated the said grounds urged the substantial questions of law.

(2.) For the sake of brevity, the rank of the parties as referred to in this judgment as assigned in-the plaint filed before the Trial Court, the facts of the case may be stated thus:

(3.) It is the further case of the Plaintiff that Defendant's plot bearing No. 18 of the said village situates to the adjacent west of the suit plot and the plots were separated by small boundary wall for the purpose of demarcation.