HASHIM KHAN Vs. SALIM

JUDGEMENT

(1.) Appellants instituted Suit No. 208 of 1987 for permanent injunction against the defendants/respondents for restraining them from interfering in the title and peaceful possession of the plaintiffs over the disputed property described at the foot of the plaint. The defendants/respondents filed a joint written statement, which was subsequently got amended. On the pleadings of the parties, the learned Munsif Magistrate/Civil Judge (Junior Division), Haridwar framed the following issues:

(2.) At the time of admission, two substantial questions of law were framed by this Court. Subsequently, during the course of arguments of the Second Appeal, third substantial question of law was also framed. Same are being reproduced hereunder.

(3.) The learned counsel for the appellants first addressed the Court on the substantial question of law No. 3 and submitted that the same is a crucial substantial question of law. The Court also thinks it proper to decide the substantial question of law No. 3 first.