SA/7/2023
2023 Latest Caselaw 194 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      11.01.2023                        SA No.7 of 2023
                                        Hon'ble Alok Kumar Verma, J.

The respondents-plaintiffs had filed an

against the proposed appellants- defendants claiming that the defendants were their licensee and the said license was revoked by them. This Original Suit was decreed. Against the said judgment and decree, the proposed appellants filed a First Appeal under Section 96 of the Code of Civil Procedure. The said Appeal (No. 10 of 2020) has been dismissed by learned Ist Additional District Judge, Haldwani, District Nainital vide judgment and decree dated 20.12.2022. Hence, the present Second Appeal.

Heard Mr. Siddhartha Singh, learned counsel for the appellant.

Mr. Siddhartha Singh, learned Advocate submitted that the plaintiffs were neither owner of the suit property nor the defendants were their licensee. He further submitted that the original owner of the suit property Mr. Bachhi Singh had executed a registered sale-deed dated 01.09.1924 of the suit property in favour of one Durga Singh Pokhriya (Bisht) and subsequently on 06.12.1956, Mr. Bachhi Singh again executed a registered sale-deed dated 06.12.1956 in favour of one Raghuvar Dutt Pandey.

Since the plaintiffs were not the owner of the suit property, therefore, the judgment and decree passed by the learned Trial Court with effect and directed to the defendants to hand-over the vacant possession of the suit property to the plaintiffs. In addition, the learned Trial Court has directed to the defendants to pay Rs.1,57,500/- (Rupees One Lakh Fifty Seven Thousand Five Hundred) as compensation and mesne profit @ 500 per month to the plaintiffs.

Having regard to the submission of the learned counsel for the appellants, the following substantial question of law is being framed:-

"(i) Whether both the courts below had erred on facts and in law by presuming the case of the plaintiffs on the basis of Sale Deed dated 06.12.1956 executed by Kundan Singh and another in favor of Raghuvar Dutt Pandey when the same property was already sold by Sri Bachhi Singh and Smt. Bachuli Devi guardian of Tez Singh Gaud on 01.09.1924 in favor of Durga Singh Pokhriya (Bisht)?"

Issue notice to the respondents. Steps to be taken within a week. List this case on 10.05.2023.

of 2023).

Subject to depositing of Rs.1,00,000/- (Rupees One Lakh) within two weeks from today before the concerned Court, the effect and operation of the judgment and decree dated 19.02.2020, passed by the learned trial court and the judgment decree dated 20.12.2022, passed by the learned Ist Appellate Court are stayed till the next date of listing.

(Alok Kumar Verma, J.) 11.01.2023 Shubham