Tarlok Singh Chauhan, Judge.

This regular second appeal is confined to the claim of the plaintiff- respondent qua house measuring 27’ x 10’ double storeyed having slate roof consisting of three rooms in the lower storey and three rooms in the upper storey situate in khata No. 198 min, khatauni No. 412 min, khasra Nos. 1753 and 1754 situated in Mahal Bhadgwar, Tehsil Palampur, District Kangra. The other reliefs have been denied by the learned trial court as also the first appellate court and have since attained finality.

2. The appeal was admitted on 5.9.2002, on the following substantial questions of law:-

1. Whether the first appellate court erred in holding that the plaintiff was owner in possession of the suit land when the suit property had been partitioned in 1986?

2. Whether the findings of the first appellate court are based on misreading of the evidence and on the evidence which was not on record?

3. Whether the findings of the first appellate court are vitiated by the non-consideration of the admissible evidence on record which, if considered, would have led to the opposite result?

3. I have heard the learned counsel for the parties and have gone through the record