SEBAK CHANDRA PRADHAN Vs. GANGA SAGAR

JUDGEMENT

(1.) Heard Mr. P.C. Roy, learned counsel for the appellant. The appellant who was Plaintiff having lost in both the Courts below, has filed this Second Appeal.

(2.) The Plaintiff filed suit for declaration of right, title and interest over the suit land and also for declaration that the Sale Deed No. 5289 and 5290 dated 30.12.1998 are null and void and not binding upon the Plaintiff and for decree for permanent injunction.

(3.) The Trial Court, on the basis of evidence and materials on record, has held that the Plaintiff did enter the suit premises with the permission of the real owner and he remained there with the permission of the defendant, as per his own case. Hence the question of adverse possession does not arise. It has been further held that he never acquired any title by adverse possession and, thereby, right, title and interest. The Trial Court, on consideration of facts and evidence on record, held that the Plaintiff could not prove that the Sale Deed No. 5289 and 5290 executed by the defendant nos. 3 and 4 were not genuine documents. These findigns arrived at by the Trial Court has been affirmed by the lower appellate court on consideration of evidence and materials on record.