Hon'ble Sudhir Agarwal, J.
1. Heard learned counsel for appellant.
2. This is defendant's appeal under Section 100 of the Code of Civil Procedure. Plaintiff instituted Original Suit No. 37 of 1998 for possession. The trial court formulated nine issues in which issue nos. 1, 2, 3 and 6 are relevant which reads as under-
3. The aforesaid four issues were heard together and returned in faovur of plaintiff and suit was decreed by Additional Civil Judge (Junior Division), Court No. 12, Jhansi vide judgment and decree dated 5.2.2011 There against defendant appellant preferred Civil Appeal No. 20 of 2011 which has been dismissed by Addl. District Judge Court No. 2, Jhansi vide judgment and decree dated 5.8.2014
4. The lower appellate court framed two questions for the purpose of deciding the appeal which reads as under-
5. Both these questions have been answered against the defendant appellant, as a result thereof appeal was dismissed.
6. Learned counsel for appellant submits that the court below has decided these questions without appointing survey commission that whether Bungalow No. 227, Bahar Kanderao Jhansi, new no. 102 was encroached by the appellant or not. Therefore, entire judgment and decree of the court below are faulty. However he could not dispute that the aforesaid question has not been raised before the courts below. The court below found that there is adequate evidence on record for the purpose of identity and possession of property, they proceeded to decide the matter and no objection was raised by appellant thereat. Hence it cannot be allowed to raise this issue for the first time in this Court.
3. Moreover, both the Courts below have recorded concurrent findings. It is not the case of appellant that any relevant piece of evidence was ignored or any impermissible or irrelevant evidence was taken into account or there is any other perversity, legal or otherwise, in the judgment impugned in this second appeal. I, therefore, do not find that any substantial question of law has arisen in this Second Appeal warranting consideration by this Court.
5. Dismissed.