SHANTI LAL AGARWAL Vs. MUNICIPAL BOARD, BARI

JUDGEMENT

(1.) This second appeal under Sec. 100 of Code of Civil Procedure (CPC) has been directed against the judgment and decree dtd. 1/8/1990 passed in Civil First Appeal No. 03/1988 by the Court of Additional District and Sessions Judge, Dholpur affirming the judgment and decree dtd. 24/4/1986 passed in Civil Suit No. 04/1980 by the Court of Munsif/Magistrate, Bari whereby and whereunder the civil suit for possession purportedly instituted invoking the provisions of Sec. 6 of the Specific Relief Act, 1963 by and on behalf of appellant-plaintiff (now deceased and represented through his legal representatives) was dismissed on merits.

(2.) On perusal of the previous order-sheets of the file, it reveals that the Co-ordinate Bench of this Court vide order dtd. 9/10/1991 admitted the appeal for hearing and framed following substantial question of law:-

(3.) Later on, another Co-ordinate Bench of this Court, vide order dtd. 2/9/1996 framed the following substantial question of law for consideration in the second appeal:-