(1.) This second appeal arises out of judgment and decree dated 16.2.1978 by which the 1st Additional Civil Judge, Meerut, dismissed Civil Appeal No. 265 of 1974 against the judgment and decree dated 30.9.1974 passed by Munsif Havali, Meerut in Original Suit No. 548 of 1962 decreeing the Suit for possession, future damages at the rate of Rs. 50 per month and Rs. 20 per month as damages from 1.11.1962 to 12.11.1962 with costs and to recover the damages after payment of court fees and execution. The issue of limitation was decided as issue No. 6 vide order dated 7.12.1970.
(2.) This Court did not frame any substantial question of law at the time of admission of this Second Appeal on 27.2.1978. Learned Counsel for the appellant has filed an amendment application dated 14.1.2005, for adding 11 grounds as substantial question of law to be decided in this second appeal. Sri R. S. Misra, learned Counsel for the respondents has objected to the amendment at this stage. The application was allowed. However, only following grounds are found to be substantial questions of law arising from the pleadings and evidence of the case to be considered and decided in this second appeal;
(3.) Whether sale deed dated 22.11.1943 was executed by Smt. Hardevi, widow of Ch. Raghubir Singh for legal necessity to discharge the antecedent debt by registered mortgage deed of 1928 executed by Ch. Raghubir Singh, her husband for payment of Rs. 500 as land revenue.