NILIMA KERKETTA Vs. PAULUSH MINZ

JUDGEMENT

(1.) This appeal arises out of judgment dtd. 2/6/2017 passed by the learned District Judge, Simdega whereby Title Appeal No. 7 of 2016 has been dismissed. Title Suit No. 09 of 2012 was decided vide judgment dtd. 30/6/2016 passed by the learned Sub Judge-I (Civil Judge Senior Division-I) Simdega whereby the suit was decreed on contest against the defendant no.1 and ex-parte against defendant no.2 and the defendant no.1 was directed to vacate the suit land and hand over peaceful possession to the plaintiff.

(2.) This second appeal has been admitted for hearing and following two substantial questions of law have been framed vide two different orders: -

(3.) The learned counsel for the appellant submits that there are concurrent findings recorded by both the Courts and the defendant no. 1 of the suit is the appellant before this court. The suit proceeded ex-parte against the defendant No. 2 [the Deputy Commissioner] who neither appeared before the first Appellate Court nor is appearing in this second appeal.