Rajesh Tandon, J. - (1.)Heard Shri Sharad Sharma, counsel for the Appellant and Standing counsel for the State.
(2.)By the present second appeal filed under Sec. 100 of the Code of Civil Procedure, the Appellant has prayed for setting aside judgment dated 15 -3 -2007 passed by the District Judge, Tehri Garhwal.
(3.)Second appeal was admitted on the following substantial questions of law:
1. Whether failure of court to consider the right of rehabilitation at an alternative place as enshrined under Article 21 renders the judgment bad?

2. Whether the right of rehabilitation can be accrued to the Appellant on account of the fact that the Tehbazari was being accepted from the Plaintiff Appellant and failure of the court below to consider this aspect of the matter vitiates the findings recorded by the Appellate Court.

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