Sanjay K. Agrawal, J.

1. The substantial question of law involved, formulated and to be answered in the plaintiff's second appeal is as under:-

"Whether the court below has committed an error of law in holding late Sadhu Ram perfected his title over land bearing Khasra No. 859/1 area 0.218 Hect. and Khasra No. 606/1 area 0.110 Hect. situated at Village Chapale, Teh. Kharasiya, Distt. Raigarh, by way of adverse possession even without any issue framed in this regard?"

2. The plaintiff and the original defendant No. 1 both were brothers. The plaintiff filed suit for declaration of title and permanent injunction that the suit land fell in his share on partition by the order of the Tahsildar dated 13.2.1995 and he was conferred with the title deeds, but defendant No. 1 his brother, is trying to dispossess him forcibly leading to filing of suit for declaration of title and permanent injunction in which defendant No. 1 set up a plea that he has purchased the suit land from the plaintiff by unregistered sale deed dated 20.5.1982.

3. The trial Court after appreciating oral and documentary evidence on record, returned the finding that the plaintiff is owner and title holder of the sui