illegally got the Gift Deed by playing fraud. Insofar as the judgment and decree passed by the First Appellate Court is concerned, the First Appellate Court confirmed the judgment and decree insofar as relief of declaration is concerned, as the plaintiff has failed to establish that the registered Gift Deed produced at Ex.D.1 has been made fraudulently. However, insofar as the relief of permanent injunction is concerned, I have carefully examined the finding recorded by the First Appellate Court, particularly, relating to paragraph Nos. 28 to 30 wherein, discussion was made that DW.1 admits in the cross-examination that the plaintiff No.1(a) and (C) are in possession over the suit land and that too based on the photograph which has been produced at Ex.P.9, which was confronted to her. The said stray sentence ought not to have been re-appreciated by the First Appellate Court that too against the finding of the fact made by the trial Court, particularly, with regard to the documents produced at Exs.P.2 and P4, wherein, the RTC extracts which reflects the name of the defendant. In that view of the matter, the First Appellate Court to that
