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Judgment
Heard learned counsel for the parties.
This appeal will be heard on the following substantial questions of law.
(i) Whether since the learned lower appellate court has recorded a categorical finding (refer para-12 at page 16) that the learned trail court did not analyse the evidence, the learned lower appellate court has committed an error on a substantial question of law by not remanding the matter back to the learned trail court for giving finding on the issues framed upon consideration of oral and documentary evidence led by the parties?
(ii) Whether at any rate after having held at para-12, page-16 of the judgment that the learned trail court had no analysed the evidence led by the parties, the learned lower appellate court has itself committed an error on a substantial question of law by merely referring to one or two sentences of the evidence of P.Ws. 1, 2, 3, 4, 7 and 8, who were all material witnesses and who have led evidence and have deposed to the effect that the suit properties were ancestral properties?
(iii) Whether the learned lower appellate court has further committed an error on a substantial question of law by recording a finding of title in favour of Bindu Ghasi, although it is well settled that record of rights cannot be treated as document of title, particularly when column no. 4 of the Revisional Survey Record of Rights (Exhibit- D) did not disclose the source and manner of acquisition by Bindu Ghasi, meaning thereby that the suit lands had come to be recorded in the name of Bindu Ghasi, who was the eldest son of Kandan Ghasi?
Liberty is given to the appellants to formulate supplementary substantial question of law, if any, at the time of final hearing of this appeal.
Call for the LCR.
In the meantime appellants are directed to take steps for service of notice to the respondent no.1 to 18 for which requisites both by registered post as also by ordinary post must be filed within twelve weeks.