Unknown vs Sukhbir Singh And Others
2021 Latest Caselaw 1005 UK

Citation : 2021 Latest Caselaw 1005 UK
Judgement Date : 18 March, 2021

Uttarakhand High Court

Unknown vs Sukhbir Singh And Others on 18 March, 2021

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SA No. 24 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Singh, Advocate for the appellants.

This is a defendants' non concurrent Second Appeal, where the challenge has been given to the Appellate Court's judgment dated 20th February, 2021, as rendered by the Court of learned Addl. District Judge, Laksar, District Haridwar, in Civil Appeal, being Civil Appeal No. 4 of 2019, Baljeet through LRs Vs. Sukhbir Singh and others, whereby, the Appeal of the plaintiffs, has been allowed, and consequently, the Suit has been decreed.

After having heard the learned counsel for the appellants, this Second Appeal is admitted on the substantial question of law "A", "B" and "F". The same are quoted hereunder :-

"A. As to whether the judgment and decree dated 20.02.2021 passed by learned lower appellate court in Civil Appeal No.4 of 2019, "Baljeet through LRs Vs. Sukhbir Singh& others", can sustain the scrutiny being against the facts and law governing the field, more particularly, the requirement of having mutated in revenue records pertaining to agricultural land, for plaintiffs to seek injunction from the Civil Court ?

B. As to whether the impugned judgment could be sustained when the finding of facts recorded by the learned trial court have not been set aside ?

F. As to whether the findings and conclusions recorded by the learned lower appellate court in regard to Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 can sustain, when the plaintiffs are not recorded in the revenue record, in a dispute pertaining to agriculture land ?"

Issue notices to the respondents. Steps would be taken by the appellants within a period of ten days from today.

Summon the Lower Court's record. Till the next date of listing, the parties to the proceedings would maintain status quo, qua the nature and title of the property, in question.

(Sharad Kumar Sharma, J.) Dated 18.03.2021 Shiv