GHASITU Vs. ASSTT CUSTODIAN ENEMY PROPERTY MUZAFFARNAGAR

JUDGEMENT

(1.) Heard Sri M.A. Zaidi, Advocate, for appellants and Sri Subodh Kumar, Advocate, for respondents. This appeal under Section 100 C.P.C. having been filed by plaintiff-appellants was admitted on 27th April, 1979 treating ground No. 1 as substantial question of law, which reads as under:

(2.) During the course of argument, I find that there are two more substantial questions of law which also need be answered in this case:

(3.) The facts in brief, giving rise to the present dispute, are that plaintiffs instituted Original Suit No. 597 of 1973 for a declaration that the order dated 2.5.1973 passed by Assistant Custodian, Enemy Property, Muzaffar Nagar is illegal and without jurisdiction. They also sought a permanent injunction restraining the defendants from interfering in possession of the plaintiffs over disputed property, as described at the foot of the plaint.