MAQBOOLUNNISA Vs. HAFEEZKHAN

JUDGEMENT

(1.) THIS Court has passed a detailed order dated 20.08.2013 regarding the facts involved in the case, the contentions urged by both the parties and the point that arose for consideration. It has also pronounced on the legality and correctness of the judgment under challenge except as regards Items 1, 2 & 3 of the suit schedule lands.

(2.) WHILE allowing the application filed by the appellants under Order XLI Rule 27 CPC permitting the appellants to produce certain documents by way of additional evidence, the trial was directed to record evidence with regard to those documents and to forward its findings. In the said order, this Court directed the Trial Court to record finding on the following issue:

(3.) NOW that the Trial Court has returned findings on the aforesaid issue and has transmitted the papers along with its findings, the matter has been heard and it is being finally disposed of. Therefore, in order to avoid repetition, it is useful to extract the facts stated, points raised for consideration and conclusions reached in the order dated 20.08.2013, which gives a comprehensive look into the controversy leading to the present litigation. The said order reads as under: