MUNICPAL BOARD MORADABAD Vs. LIAQAT HUSAIN

JUDGEMENT

(1.) This second appeal has been directed against decree and judgment dated 9.11.1982 passed in Civil Appeal No. 242 of 1979, Liaqat Husain v. Municipal Board, Moradabad. The said appeal was directed against the decree and judgment passed in Original Suit No. 443 of 1974, Liaqat Husain v. Municipal Board, Moradabad, on 8.5.1979. The trial court by its Judgment has dismissed the suit of the plaintiff. The 1st appellate court allowed the appeal and decreed the suit of the plaintiff-respondent.

(2.) At the time of admission of the second appeal, two substantial questions of law were formulated : (i) Whether the 1st appellate court could grant a relief which is not claimed by the plaintiff in his pleadings? (ii) Whether in view of the finding of the trial court that the land In dispute was road patri, can auction of the same be held and whether that auction could be a valid auction?

(3.) The submissions made by Sri Prem Chandra, learned counsel for the appellant, were heard. None remained present on behalf of the respondent, though a counter-affidavit has been filed on its behalf, and also the names of the respondent's learned counsel have correctly been printed in the cause list.