P. K. TRIPATHY, J.

( 1 ) FOR the reasons indicated below, the Second Appeal is bound to fail and consequently dismissed.

( 2 ) THE following substantial question of law was formulated on 1-8-1989 when the second Appeal was admitted. "the only substantial question of law which arises for consideration in this Second Appeal is, whether the learned Courts below were correct in recording their findings solely on the basis of the report of the civil Court Commissioner without taking into consideration the other evidence available on records. "

( 3 ) IT be noted at this juncture that in the appeal memo appellants have raised three other substantial questions of law challenging to the acceptability of the report of the civil Court Commissioner but such grounds were not accepted by this Court to be relevant substantial questions to be considered at the time of hearing of the appeal.

( 4 ) JUDGMENT and decree passed by the munsif, Bhubaneswar (Civil Judge, Junior division) on 11th May, 1984 in O. S. No. 49 of 1976 by way of dismissing the suit was confirmed by learned Addl. District Judge, bhubaneswar as per the impugned judgment passed in 13-1-1989 in Title Appeal no. 1/9/29 of 1989. The