KASHIM FARIDSAHEB Vs. NASEER MOHAMMAD ALIAS AHMED

JUDGEMENT

(1.) Heard learned Counsel for the respective parties.

(2.) This appeal from order is filed by appellants under Order XLIII, Rule l(u) of the Code of Civil Procedure ("CPC"). Following is the substantial question of law, framed by this Court by earlier order passed on 16.9.2008. "Whether seeking a declaration that, an ownership certificate issued in favour of the defendant is not binding on the plaintiff is not founded on the admission of tenancy of the defendant -

(3.) Appellant No. 1 in this appeal was defendant No. 1 in Special Civil Suit No. 11 of 1974 filed by respondent No. 1 in this appeal. Parties, hereinafter, are referred to their original status in the suit, for the sake of convenience.