JUDGMENT :

1. This Second Appeal is filed under Section 100 of the Code of Civil Procedure, `908 (“CPC” for short). Being aggrieved and dissatisfied with the Judgment and order dated 22-07-2022 passed below Exh.22 in Regular Civil Appeal No.104 of 2015, whereby the Appeal was dismissed, confirming the Judgment and decree dated 21-08-2015 passed in Regular Civil Suit No.145 of 2012, whereby the suit of the plaintiff was dismissed, raising the following substantial questions of law.

“1. Whether the courts below committed an error in dismissing the suit without examining the fact of the Agreement produced by the plaintiff.

2. Whether the Courts below committed an error by failing to frame issue and decide in favour of the original plaintiff that the onus of proving the existence of Agreement lies upon the defendant?”

2. The parties are referred to at their original status for the sake of convenience in this second appeal.

3. The brief facts leading to filing of this second appeal as stated in the impugned judgment, are as under:

3.1 It is the case of the plaintiff that the property bearing Block Nos. 36, 38(A) and 38 (B) which includes Khata No.184 admeasuring about 0-30-35, 0-40-44 an