RAJESH TONDON, J. - (1.)HEARD Alok Singh, Sr. Advocate, assisted by Sri Dharmendra Barthwal, counsel for the appellant.
(2.)BY the present second appeal filed under Section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 22.3.1995 passed by the Civil Judge, Roorkee in Civil Appeal No. 1 of 1994 Shafquat Ali Vs. Smt. Vishwa Bala Gupta and others.
(3.)PRESENT second appeal was admitted on the following substantial question of law:
"1. Whether the lower appellate court having held that in between the date of auction and its confirmation Nasarullah was not the owner of the property in dispute, the Sale deed executed by Nasarullah in favour of the plaintiff/respondent was null and void and ineffective. 2. Whether on the facts and circumstances of the case, the provisions of section 64 and 65 C.P.C. were inapplicable and the view taken by the court below to the contrary, is erroneous in law."

Briefly stated, a suit was filed by the plaintiff -respondent no.1. being Original Suit No. 96 of 1985 Smt. Vishwa Bala Gupta Vs. Shafquat Ali and others praying for the following relief: ...[VERNACULAR TEXT COMITTED]...

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