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Judgment
T. Amarnath Goud, J
Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the appellants.
This appeal is admitted for hearing on the following substantial questions of law:-
“(I) Whether the finding of the court below to the effect, that, the Respondent is in possession of the suit land being his name recorded in the Khatian of the suit land as occupier is perverse in view of the Exhibit C i.e., Khatian Nos.3223 & 897, wherefrom it is established, that, the Appellant No.2 is Rayati of land measuring 0.16 acre out of suit land measuring 0.17 acre and Respondent is not shown either and permissive possessor or forceful possessor of the suit land.
(II) Whether finding of the Court below declaring, that, the Respondent has adverse possession over the suit land is against the settled principle of law as to how adverse possession is to be proved.”
Issue usual notice.
Call for records.
List the matter for final hearing in usual course after the paper book is ready.
Meanwhile, Registry shall serve notice to the respondent and the appellants are also permitted to take out notice on the respondent and file proof of service by way of RPAD.