HABIB FATIMA Vs. MOHAMMAD SHAFI

JUDGEMENT

(1.) This is a in appeal by special leave arising from the judgment and decree dated 29th September, 1983 of the Allahabad High Court. The present appellants are the legal representatives of the plaintiff in Suit No. 254 of 1970 which was a suit for perpetual injunction. That suit was dismissed by the Trial Court, but on appeal by the plaintiff, it was decreed by the First Appellate Court. That decree was challenged in Second Appeal by the present respondent-defendant. The High Court by the impugned judgment allowed his appeal.

(2.) The plaintiff had also filed Suit No. 242 of 1973 against the present respondent, Molid. Shafi, his son, Fazal Haq, Ishwar Singh and Kunwar Singh (defendants Nos. 1 to 4 respectively). That suit was for cancellation of a sale deed executed in favour of Fazal Haq by Ishwar Singh and Kunwar Singh. The suit was dismissed by the Trial Court, but on appeal by the plaintiff, the First Appellate Court came to certain findings in favour of the plaintiff as regards his title and possession and remanded the case to the Trial Court for fresh disposal after trial of certain additional issues framed by the Court. Against the order of remand, the defendants filed an appeal in the High Court. That First Appeal From Order was also allowed by the High Court by the impugned judgment. The High Court held that the remand was unnecessary and disposed of the suit itself on the merits. In doing so, both the Second Appeal and the First Appeal From Order were heard together by the High Court by consent of parties, and, as observed by the High Court, the two suits for all practical purposes had been consolidated.

(3.) The appellants have brought the present appeal against the judgment aria decree of the High Court only in so far as it concerns Suit No. 254 of 1970. There is no challenge against the judgment to the extent it relates to Suit No. 242 of 1973.