SUBHADRA DEVI DIED Vs. BALBIR NATH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by the learned Addl. District Judge, Roopnagar dated 21-4-1982 vide which the judgment and decree of the learned trial Court dated 22-9-1980 was partially accepted.

(2.) The learned counsel appearing for the appellant while impugning the said judgment in appeal before this Court has raised following contentions, which, according to him, also raises question of law within the purview and scope of Section 100 of the Code of Civil Procedure.

(3.) The learned counsel also contended that the findings arrived at by the learned Courts below holding the defendant is in adverse possession of the property and. therefore, the defendants had become owner by adverse possession suffers from the defect of a finding based on no evidence, finding recorded on inadmissible evidence and is also based upon the evidence led beyond pleadings and there is mis-appreciation of oral and documentary evidence on record.