Sanjay Misra, J. - (1.) SRI R.U. Ansari advocate has put in appearance on behalf of the sole plaintiff respondent therefore notice need not be issued to the plaintiff respondent.
(2.) ADMIT . The substantial question of law that arises for decision in this second appeal is: - (1) Whether boundaries will prevail over plot number when fraud is alleged and proved against purchaser for mentioning incorrect boundaries? (2) Whether changing of plot number in a registered instrument of sale amounts to declaration of tenurial right over different plot therefore decree passed is violative of Section 331 of U.P.Z.A. & L.R. Act? (3) Whether rectification as provided under Section 26 of Specific Relief Act can be granted without recording any finding regarding 'real intention' of seller?
(3.) THIS is a defendants second appeal against the judgment and decree dated 8.11.2011 passed in Appeal No. 38 of 2007 by the Additional District Judge, Court no. 1, Gorakhpur whereby the defendants appeal has been dismissed and the judgment and decree of the Trial Court dated 27.9.2007 in Suit No. 907 of 2004 (Najeer Ahmad Vs Ram Suresh) has been affirmed.;