LAWS(ALL)-1994-11-102

SUBHASH CHAND DUA Vs. SARDAR MOHAN SINGH

Decided On November 30, 1994
SUBHASH CHAND DUA Appellant
V/S
SARDAR MOHAN SINGH Respondents

JUDGEMENT

(1.) N. L. Ganguly, J. This civil revision by the defendant revisionist is directed against an order dated 11-8-94 directing that the defendant shall lead the evidence first in respect to the issue Nos. 1 to 8.

(2.) SRI V. K. Nagaich filed his caveat in the civil revision and SRI Navin Sinha put in appearance on behalf of SRI Nagaich. It has been jointly requested by the counsel for both the parties that this revision may be finally disposed of at this admission stage without summoning the record of the courts below or passing formal order for admission.

(3.) THE defendants in the written Mo. 3 to 14 of the plaint. THE following below: (1) Whether the land in suit has been declared surplus by Joint Director Urban Ceiling vide order dated 3-6-1977 in Case No. 400 of 1976-State v. Smt. Malka Parvej, Shamsara Begum of vested in State ? (2) Whether the agreement dated 21-10-83 is void in view of above ? (3) Whether the plaintiff is entitled to sale-deed on the basis of agree ment dated 21-10-83. (4) Whether the suit is time-barred ? (5) Whether the suit is barred by principles of estoppel and acquies cence? (6) Whether the suit is barred by the provisions of Sections 34, 48 and 41 of Specific Relief Act? (7) Whether the suit is bad for mis-joinder of defendant No. 2? (8) Whether the suit is barred by Act 38 of 1976 and Sections 10, 26 and 42? (9) To what relief. (10) Whether the plaintiff is entitled to compensation?