LAWS(SC)-2013-4-65

U.P. AVAS EVAM Vs. OM PRAKASH SHARMA

Decided On April 18, 2013
U.P. Avas Evam Appellant
V/S
OM PRAKASH SHARMA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the judgment and orders dated 28.5.2010 and 18.4.2011 passed in Second Appeal No.113 of 2001 and CMRS No.215947/2010 by the High Court of Allahabad in allowing the second appeal by answering the substantial questions of law framed in favour of the respondent-plaintiff and rejecting the CMRS No.215947/2010 in the aforesaid second appeal urging relevant facts and legal contentions in support of the appellant-defendant's case. The brief facts are stated for the purpose of appreciating the factual and rival legal contentions urged on behalf of the parties, in view to find out as to whether the impugned judgment and orders under challenge in these appeals are required to be set aside by this Court in exercise of its jurisdiction.

(3.) The ranking of the parties is referred to in the judgment as has been assigned before the 1st Additional Civil Judge, Bareilly for the sake of convenience.