Hasibun Nisha vs Shri Ramji"
2022 Latest Caselaw 685 UK

                      Office Notes,
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         Date                                     COURT'S OR JUDGES'S ORDERS
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      10.03.2022                        SA No.13 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 18.10.2021, passed by the learned IVth Additional District Judge, Dehradun in Civil Appeal No.52 of 2018 "Smt. Hasibun Nisha vs. Shri Ramji", whereby the first appeal, filed by the appellant, has been dismissed. The said first appeal was filed against the judgment and decree of the learned trial court, by which, the original suit of the appellant- plaintiff was dismissed.

Heard Mr. Neeraj Garg, the learned counsel for the appellant, Mr. I.P. Kohli, the learned counsel for the respondent and perused the record.

This Second Appeal is admitted on the following substantial questions of law:-

"(1)Whether once both the Courts below concurrently held appellant- plaintiff to be owner of the disputed property by virtue of registered sale deed dated 08.11.2000 and that the respondent-defendant does not derive any title on the basis of sale deed dated 20.03.2001, which has no legal sanctity, suit of the appellant-plaintiff for declaration and permanent prohibitory injunction could have been dismissed?

(2)Whether both the Courts below were justified in denying the relief of declaration to the appellant-

plaintiff on the ground of limitation, ignoring the doctrine of relation back and that the amendment once permitted relates back to institution of the suit?

Summon the LCR.

Post this case on 27.05.2022 with SA No.27 of 2022.

The parties are directed to maintain status quo qua with possession and title.

(Alok Kumar Verma, J.) 10.03.2022

Neha