SUGAN CHAND Vs. MADAN LAL

JUDGEMENT

(1.) SUBSTANTIAL questions of law that arise in this second appeal are whether the sale of the disputed land by the Municipal Board Sawai Madhopur without the permission and approval of the Collector was proper and whether the documents were rightly construed by the learned District Judge.

(2.) THE plaintiff appellant (for short the plaintiff) instituted a civil suit in the court of Munsif Sawai Madhopur seeking possession of the suit land alongwith the mesne profits and injunction. Learned Munsif vide its decree and judgment dated October 17, 1977 decreed the suit but the learned District Judge Sawai Madhopur allowed the appeal of the defendant respondents (for short the defendants) vide judgment and decree dated July 21, 1979. THE plaintiff in this second appeal has assailed the finding of the learned District Judge. THE defendants have also filed cross objections.

(3.) IT also appears that learned appellate court did not properly consider the judgment of this court Ex. A-15 passed in writ jurisdiction. The defendants in the writ petition prayed that orders of Additional Collector (Ex. 4) and State Govt. (Ex. 5) be quashed but this court did not quash the said orders but only stayed the dispossession as the civil suit was pending.