Brajpal vs Smt. Anita & 5 Others
2017 Latest Caselaw 7976 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- SECOND APPEAL No. - 1264 of 2017
 

 
Appellant :- Brajpal
 
Respondent :- Smt. Anita & 5 Others
 
Counsel for Appellant :- Vinay Kumar Singh
 
Counsel for Respondent :- Jagdish Prasad Mishra
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellant, learned counsel for the respondents and perused the record.

This second appeal is admitted on the following substantial questions of law;

1. Whether the learned lower appellate court was justified that the registered sale deed was executed in favour of the plaintiff regarding the property in dispute which was  never challenged before any court of law and in its absence no finding could be recorded against it ?

2. Whether the learned lower appellate court was justified himself carved out a third case regarding mentioning of the excess land in the sale deed ?

3.  Whether the learned lower appellate court was justified in giving illegal finding regarding Titimma since it does no in any way effect the rights of the plaintiff ?

4.   Whether the learned lower appellate court was justified in giving illegal finding plaintiff has filed a suit for rectification of error ?

Summon the lower court record.

List after receipt of lower court record for final hearing.

Till the next date of listing, the parties are directed to maintain status-quo of the property in suit.

Order Date :- 14.12.2017

Gss