SATYA NARAIN Vs. SITA RAM

JUDGEMENT

(1.) S. U. Khan, J. At the time of admission of this Second Appeal on 4-10-1980 following order was passed : "after hearing Counsel for the appellant, I am satisfied that grounds No. 1, 2, 4 and 7 raise substantial question of law. Accordingly, I admit the appeal. "

(2.) THE substantial questions of law numbers 1, 2, 4 and 7 mentioned in the memo of appeal after the grounds of appeal on which appeal was admitted are quoted below : (1) Whether the pith and substance of the plaint involves declaration of Bhumidhari right, hence the plaintiff's suit is barred by Section 331 of U. P. Zamindari Abolition and Land Reforms Act and the civil Court has no jurisdiction to entertain the suit? (2) Whether the plaintiff's suit is barred by Section 49 of U. P. Consolidation of Holdings Act, 1950? (4) Whether the necessary ingredients of Benami transaction were neither pleaded nor proved by the plaintiff? (7) Whether the plaintiff's suit is barred by Sections 38 and 41 of Specific Relief Act? Bar of Section 49 of U. P. C. H. Act (Second question of law)

(3.) IN the plaint the relief claimed was for permanent prohibitory injunction restraining the defendants from interfering in the possession of the plaintiff over the disputed plot. An alternative relief was also prayed for a direction to the defendant to execute sale-deed of the disputed agricultural plots in favour of the plaintiff for Re. 1/ -.