- (1.) Heard Sri R.C.Singh, learned counsel for the appellant and Sri M.A.Qadeer, Senior Advocate assisted by Sri V.K.Nagaich, Advocate for respondent no.2/1/4.
(2.) Tthis Court formulated following substantial questions of law, which have to be answered in this appeal: i.Whether the lower appellate court was justified in allowing the Civil Appeal No.81/79 filed by defendant No.2 and 3 without upsetting the findings recorded by the trial court that the alleged lease deed in their favour was wholly illegal and contrary to law? ii.Whether a lease deed executed on behalf of Municipal Board in accordance with the provisions of U.P. Municipalities Act and the notifications issued thereunder is required to be registered? iii.Whether the provisions of registration requiring registration of the lease deed would override the provisions of U.P. Municipalities Act and the notifications issued thereunder which had made a special provision for grant of lease of properties vested with the Municipal Board?
(3.) The necessary facts, in brief, for better understanding of dispute so as to effectively answer aforesaid questions, to be looked into, are stated as under:;