BRAHMA Vs. SIRTAJI

JUDGEMENT

(1.) This second appeal is preferred against the judgment dated 17.12.1998 passed by Additional District Judge, Ballia in Civil Appeal no. 372 of 1984 arising out of the judgment dated 12.11.1984 passed by Additional Munsif VII, Ballia in O.S. no.298 of 1981.

(2.) The brief facts which give rise to this relief are that the plaintiff-respondent, hereinafter called 'the respondent' filed original suit no.298 of 1981 for the relief of cancellation of sale deed and permanent prohibitory injunction against the defendants-appellants, hereinafter called 'the appellants', which was decreed.

(3.) Feeling aggrieved, the appellant preferred an appeal which was earlier decided on 28.11.1996 by the then District Judge who allowed the appeal and set aside the judgment and remanded the matter back to the trial court with a direction to dispose of issue no.2 afresh in accordance with law.