(1.) The instant second appeal has been preferred by the defendants against the judgment of reversal passed by the 5th Additional District Judge, Sultanpur in Regular Civil Appeal No.276/1989 whereby it reversed the judgment and decree dated 29/8/1989 passed by the V-Additional Munsif, Sultanpur in Regular Suit No.674/1987, as a result, the suit which was dismissed by the trial court has been allowed by the lower appellate Court.
(2.) This Court by means of the order dated 19/1/1991 had admitted the instant second appeal on the substantial questions of law at S.No.(b) and (d) as mentioned in the memo of the appeal and for the sake of convenience is reproduced hereinafter:-
(3.) That in order to appreciate the controversy involved in the above second appeal, brief facts leading upto the instant appeal is being noticed first.