SRI PREM BALLABH SATI S/O LATE SRI NAROTTAM AND ORS Vs. SRI BABU DEV S/O KHYALI RAM AND SMT HEMA DEVI W/O BASU DEV
HIGH COURT OF UTTARAKHAND
SRI PREM BALLABH SATI S/O LATE SRI NAROTTAM AND ORS
SRI BABU DEV S/O KHYALI RAM AND SMT HEMA DEVI W/O BASU DEV
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(1.)Heard Sri Raman Kumar Shah, counsel for the appellants.
(2.)By the present second appeal filed under Section 100 of the Code of Civil Procedure, the appellants have prayed for setting aside the judgment and decree passed by the trial Court as well as trial Court as well as appellate Court.
(3.)Second Appeal was admitted on the following substantial question of law:
(1) whether the suit of plaintiff can be dismissed in the ground that the plaintiff was required to claim for the declaration of the title and therefore the present suit for injunction simplicitor is not maintainable.
(2) Whether on the basis of the revenue record, the courts below were competent to adjudicate about the title of the plaintiff, so as to grant the relief claimed by the plaintiff from unlawful claim of the defendant on the suit property, whereas plaintiff having in the owner in possession is entitled to the relief.
(3) Question No. 7 as framed by the appellant.
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