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5. At the time of admission of the appeal, the following substantial question of law was framed for consideration: -

"Whether learned Lower Appellate court has committed an error in setting aside and reversing the findings of learned Trial Court on assumptions and presumptions and without discussing and appraising the evidences of the parties on record."

6. Mr. Manjul Prasad, learned counsel appearing for the appellant, assailed the findings recorded by the appellate Court as being contrary to facts and evidence on record. Learned counsel submitted that the appellate Court has not considered the entire materials on record while reversing the findings of the trial Court. Learned counsel further submitted that the appellate Court has not even recorded a finding with regard to partial eviction. According to the learned counsel the proviso to Section 11(1)(c) of BBC Act mandates the Court to record a finding on the issue of partial eviction.