ASHIQ HUSAIN Vs. CHHOTEY KHAN

JUDGEMENT

(1.) This second appeal is preferred against the judgment and decree dated 31.3.1998 passed by Civil Judge (Senior Division), Shahjahanpur in Civil Appeal No. 20 of 1974 arising out of judgment and decree dated 31.1.1974 passed by Munsif, Shahjahanpur in Original Suit No. 301 of 1970. The brief facts, which give rise to this appeal are that the plaintiff-respondent (hereinafter called as the "respondent") filed a suit for the relief of cancellation of sale-deed dated 9.4.1969 and for possession. The suit was decreed for cancellation of sale-deed. However, so far as the suit regarding possession was concerned, the suit was dismissed.

(2.) The respondent filed first appeal before the learned District Judge, which was registered as Civil Appeal No. 20 of 1974 and was transferred to the Court of Civil Judge (Senior Division) and the Civil Judge initially allowed the appeal vide order dated 31.1.1974 and also granted the relief of possession in favour of the respondent.

(3.) The defendant-appellant (hereinafter called as the "appellant") aggrieved with the judgment, preferred second appeal before the High Court and the High Court vide its order dated 10.1.1997 remanded back the matter to the Appellate Court to decide the appeal afresh in the light of the observations made by the Court.