JUDGMENT :

Harish Tandon, J.

1. The suit for recovery of possession against the trespasser stood decreed by the Trial Court and such decree affirmed by the First Appellate Court, the defendant/appellant is assailing the concurrent finding of facts in the instant second appeal asserting that it involves substantial question of law and, therefore, to be admitted under Order 41 Rule 11 of the Code.

2. A little prelude to the facts emerged from the record are adumbrated herein below:

3. Undeniably one Trilokya Kumar Dutta Roy purchased the plot of land from one Ishwar Prasad Goenka & Ors. on the basis of the sale-deed dated 12.4.1960 and, thereafter, constructed a four storied building thereupon as per the sanction plan approved by the Kolkata Municipal Corporation. The said owner died intestate leaving behind him surviving his widow namely Smt. Dipti Rani Dutta Roy and two sons namely Sandeep Dutta Roy and Sudeep Dutta Roy and a daughter Jayasree Sengupta. A partition suit was filed by one of the son giving rise to registration of TS 72 of 1981 which was decreed on compromise on 19.6.1982. The terms of the compromise so entered revealed that the entire ground floor of the said building wa