(1.) The instant first appeal arises out of the judgment and order dated 29.4.1989 passed by Ist Additional District Judge, Moradabad in L.A. Reference No. 69 of 1983, whereby the Court below allowed the reference with the following directions :
(2.) Heard Mr. B.D. Madhyan, learned Senior Counsel, appearing on behalf of the appellant, learned Standing Counsel and Mr. Vinod Sinha, counsel for the respondent No.1.
(3.) Shorn off unnecessary details the facts of the case are as under :