MILKIAT SINGH Vs. BHAJAN SINGH

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and de cree dated 28. 04. 1990, passed by IVth Additional District Judge, Nainital, whereby Appeal No. 83 of 1989, filed by defendant / appellants is dismissed and judgment and decree dated 20. 09. 1989, passed by Munsif, Kashipur, to Original Suit No. 86 of 1986, decreeing the suit, is affirmed. (Earlier Kashipur was part of District Nainital, now part of District Udham Singh Nagar ).

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

(3.) ON the basis of the pleadings of the parties the trial court framed follow ing issues : (i) Whether the plaintiff is Bhumidhar (tenure holder hav ing transferable right) of Khata No. 6 / measuring 6. 54 acres of land in village Jagdishowala, Tehsil Kashipur? OR is he Bhumidhar over only 4. 29 acres in said Khata? (ii) Whether this Court (civil court) has any jurisdiction to try the suit? (iii) Whether the suit is under valued and court fee paid is insufficient? (iv) To what relief, if any is entitled?