Guljari Lal vs Sri Devendra Nath Agrawal And 3 ...
2022 Latest Caselaw 2762 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- SECOND APPEAL No. - 422 of 2022
 

 
Appellant :- Guljari Lal
 
Respondent :- Sri Devendra Nath Agrawal And 3 Others
 
Counsel for Appellant :- Ashish Kumar Srivastava
 

 
Hon'ble Attau Rahman Masoodi,J.

Heard learned counsel for the appellant.

A suit for cancellation of sale-deed coupled with the prayer for injunction and possession was filed by respondent no. 1, which was dismissed by the judgment and decree dated 5.3.2019 and 14.3.2019. The respondent feeling aggrieved against the dismissal of the suit filed an appeal under Section 96 C.P.C. The suit was dismissed on the ground of maintainability i.e. the subject matter of the suit being agricultural land, as such, the civil court did not have a jurisdiction to entertain the same. The appellate court below in the appeal arising out of the judgement passed by the trial court has allowed the appeal and decreed the suit.

Learned counsel for the appellant submits that the maintainability of the suit ought to have been decided before the first appeal was allowed on any relief prayed for in the suit.

Admit on the substantial questions of law framed at 1 to 4 in the present second appeal.

Issue notice to the respondents.

Steps be taken a week.

Let the record be summoned.

List in the month of July, 2022.

The effect and operation of the impugned judgment passed by the appellant court below shall remain stayed till the next date of listing.

Order Date :- 13.5.2022

kanhaiya