STATE OF UTTARANCHAL Vs. DOKHAM TIBBAT FOUNDATION

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under section 96 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 22. 10. 2003, passed in suit No. 212 of 2003, by Additional District Judge /fast Track Court II, Dehradun, whereby the suit for permanent injunction filed by plaintiff-Dokham Tib-battan Foundation, is decreed against the defendants. (In the appeal Additional District Judge/fast Track Court, Dehradun, has unnecessarily been impleaded as respondent in the appeal ).

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) ON the basis of the pleadings of the parties, following issues were framed by the Trial Court:- 1. Whether the plaintiff is owner and in possession of the land in suit? 2. Whether the civil Court has no jurisdiction to try the suit? 3. Whether the suit is barred by section 5 of Indian Forest Act, 1927? 4. To what relief, if any, the plaintiff is entitled?