RAMESH CHANDRA Vs. TUFAIL AHMAD

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure was dismissed by the judgment dated 8.2.2006 of this Court mainly for the reason that in second appeal reappraisal of evidence cannot be done and that no substantial question of law arises herein. The plaintiff- appellants preferred Special Leave to Appeal Petition No. 8287 of 2006 which was allowed and Civil Appeal No. 2349 of 2008 was finally decided by the Supreme Court on 31.3.2008 and the matter was remitted back to this Court for re-decision of the appeal and the application filed by the appellant under Order XLI Rule 27 of the Code of Civil Procedure.

(2.) ON 23.7.2008, the following three substantial questions of law were framed in this appeal:

(3.) THE trial Court on the pleadings of the parties framed as many as 11 issues. Issue No. 1 was whether the land had been acquired prior to the sale- deed dated 7.7.1982. THE issue No. 2 was whether the plaintiffs were entitled to recovery of money from Tufail Ahmad. THE issue No. 3 was whether the plaintiffs were entitled to any interest on the amount. THE issue No. 4 was whether the plaintiff had been put in possession by Tufail Ahmad. THE issue No. 9 was whether the suit was barred in view of the provisions of the Land Acquisition Act. THE issue No. 10 was whether the agreement of sale dated 10.5.1982 and sale-deed dated 7.7.1982 were void-ab-initio.