JAMIL AHMAD Vs. KUMUD RAJDEO SINGH

JUDGEMENT

(1.) The appeal was presented on 1.8.1995 against the first appellate judgment and decree dated 31.5.95 in Civil Appeal No.457 of 1991 passed by the VIIth Additional District Judge, Azamgarh. The first appeal arose from the Original Suit No.55 of 1965 decreeing the suit by the judgment and decree dated 27-11-68 recorded by the Additional Civil Judge, Azamgarh.

(2.) Prior to the presentation of the appeal Sri L. P. Singh had filed a caveat on 3.7.95. The matter came up in presence of the learned counsel for both the parties on 1.9.95 when the appeal was admitted and the prayer for stay of the operation of the first appellate decree together with the hearing of the appeal was expedited by another judicial order of the same date. At the time of admission, however, no substantial question of law was framed by the Judge admitting the appeal. The memo of appeal, however, indicated that ground Nos. 3,4,5 and 6 involved, indicated that ground Nos. 3,4,5,and 6 involved questions of law. When the matter came up for hearing a preliminary objection was taken on behalf of the respondents for absence of framing of substantial questions of law as required under Section 100 (4). C.P.C. Accordingly, two substantial questions of law were framed and those are as follows: First, what is the effect of the cancellation/modification/ clarification of the sale certificate dated 14-8-64 touching the suit property. Second, whether the relief sought for could have been granted by the Civil Court.

(3.) The suit was filed by Zamil Ahmad and another for a declaration that the sale, if any, and the sale certificate dated 14-8-64 in respect of the area beyond and outside the evacuee property was null and void as also for a mandatory injunction directing the defendant Nos. 1 to 8 to remove all constructions as shown in the plaint map as also to remove the name plate affixed at the corner rate. The plaintiffs also claimed eviction of the defendant No. 1 from the building marked 0.