JUDGMENT :

SANJAY K. AGRAWAL, J.

1. The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff is as under:

“Whether both the Courts below are justified in granting counter claim and thereby decreeing the counter claim in favour of the defendants even after holding that the plaintiff is not the title holder of the suit land by recording a finding perverse to the record?”

For the sake of convenience, the parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court.

2. Sole plaintiff-Kameshwar Pathak filed a suit for permanent injunction and for possession of the suit land in respect of Khasra No. 271 area 0.18 Are. and Khasra No. 508 area 0.19 Are. total area 0.37 Are. situated at village Sarhari, Post Kewra Tahsil Pratappur, District Surguja (Now District-Surajpur) on the basis that he has purchased the suit land by two sale-deeds dated 25.8.86 and 10.12.79 from one Kusmi and claimed decree as mentioned above.

3. Resisting the suit, defendants No. 1 to 5 filed their written statement and denied the averments made in the plaint and in addition to filing of writte