JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. The appellants/defendants have filed the Second Appeal under Section 100 of the C.P.C. challenging the judgment and decree dated 06.01.1999 passed by the learned Additional District Judge, Sakti District-Bilaspur in Civil Appeal No. 14-A/97, by which learned Additional District Judge, Sakti has allowed the appeal setting aside the judgment and decree dated 28.02.1997 passed by the Second Civil Judge Class-2, Sakti, District- Bilaspur in Civil Suit No. 48-A/89 by which learned Second Civil Judge Class-2 has dismissed the suit on count that the plaintiff has failed to prove their possession.

2. The appeal was admitted on 06.08.1999 on the substantial question of law as under:

(i) Whether the First Appellate Court has erred in allowing the plaintiff's appeal and decreeing the suit by observing in paragraph 9 of the impugned judgment that the receipt referred to in the trial court's judgment is not available in the record, though the same is very much available in the trial court's record?

3. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 48-A/89.

4. The plaint averments, in brief, are that plaint