SA/48/2010
2022 Latest Caselaw 3783 UK

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     24.11.2022                     SA No. 48 of 2010
                                    Hon'ble Alok Kumar Verma, J.

Heard Mr. B.D. Pande, learned counsel for the appellants-defendants and Mr. Siddhartha Singh, learned counsel for the respondents on Application (IA No. 13123 of 2022), filed by the appellants for formulation of additional substantial questions of law.

During the arguments, the learned counsel appearing for the appellants submitted that the appellants are pressing only proposed substantial question of law (iii).

Mr. Siddhartha Singh, the learned counsel for the respondents opposed the said submission.

The present Second Appeal has been filed against the judgment and decree dated 25.09.2010, passed by the learned Additional District Judge/Ist Fast Track Court, Nainital in Civil Appeal No. 25 of 2007, "Pan Singh Kwira vs. Heera Singh Bisht and Another", by which, the said Appeal, filed against the decree of possession and mesne profit, passed by the learned Trial Court against the appellants- defendants, has been dismissed.

The learned Trial Court had framed the Issue No. 10 as follows:-

Whether the property-in-

dispute has vested in the State after the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and the issuance of Notification dated 30.06.1970 and the Notification dated 01.07.1970?

While disposing the said issue, both the Courts below observed that the separate notification for enforcement of the said Act, 1950 has not been issued despite the said two Notifications.

In the present Appeal, the appellants have filed the copies of the Gazette Notifications dated 30.06.1970 and 01.07.1970.

The said Gazette notifications have not been disputed by the respondents.

Therefore, for complete and effective adjudication of the question involved in the case, the following additional substantial question of law is being formulated:-

(iii) What will be the effect of the Gazette Notification, issued on 30.06.1970 and the Gazette Notification on 01.07.1970, on the property-in-question?

List this case on 30.11.2022 for further arguments at 3:00 p.m.

(Alok Kumar Verma, J.) 24.11.2022 Shiksha