Abdul Rasheed vs Sheesh Ram & 4 Others
2017 Latest Caselaw 8171 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- SECOND APPEAL No. - 1326 of 2017
 

 
Appellant :- Abdul Rasheed
 
Respondent :- Sheesh Ram & 4 Others
 
Counsel for Appellant :- M J Akhtar,V.M. Zaidi
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellant and perused the record.

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

1. Whether the court below has misread, misconstrued and misinterpreted the reliefs claimed in the suit by the appellants, by holding that the suit which was filed by the appellant/ plaintiff was not maintainable under the law ?

2.  Whether the court below has misread the evidence on record and the statement of D.W. 1, D.W.2 and D.W. 3 who have admitted the possession of the applicant/plaintiff over the land in dispute prior and after the consolidation proceedings ?

3.  Whether the suit filed by the appellant/ plaintiff was barred by the provision of section 330 and 331 of U.P.Z.A. and L.R. Act when he has not claimed for declaration of his title ?

Issue notice to the respondents.

Summon the lower court record.

Steps be taken within two weeks.

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 :- 20.12.2017

Gss