- (1.) This Second Appeal has been filed by the defendants being aggrieved of judgment and decree dated 05.05.2007 passed by the Court of Additional District Judge, Court No.13, Agra in Civil Appeal No.79 of 2006 arising out of the judgment and decree dated 01.11.2006 passed by learned Civil Judge (Sr. Division), Agra in original Suit No.518 of 1986.
(2.) This appeal was admitted on 18.05.2007 on the following substantial question of law:- (1) Whether in spite of the defendant being recorded tenure holder and the plot in dispute being an agricultural land, the Courts below having mis-appropriated the provisions of Section 331 of U.P.Z.A. and L.R. Act vitiating the impugned judgment in the eyes of law. (2) Whether the Courts below had erred in law in exceeding its jurisdiction by interfering in the assessment of the oral evidence as done by the Trial Court even in the absence of any special circumstances which has vitiated in law the impugned decree.
(3.) Admitted facts of the case are that plaintiff Smt. Vimla Devi had filed a suit seeking a declaration that sale deed dated 17.11.1984 is not binding on the plaintiff and does not affect her rights and be declared as null and void. Further relief was sought that defendants be restrained from causing any obstruction in peaceful possession of the plaintiff and further mandatory injunction be issued for demolition of new construction carried out by the defendants.;