- (1.) Heard Sri Anil Sharma, Advocate, for appellant and Sri S.N. Tripathi, Advocate, for respondents.
(2.) This is defendant's appeal under Section 100 C.P.C. which has arisen from judgment and decree dated 11.7.2012 passed by Sri Razi Ahmad, Addl. District Judge, Court No. 2, Bijnor allowing plaintiff's Civil Appeal No. 51 of 2009 and setting aside judgment and decree dated 3.10.2009 passed by Smt. Adesh Nain, Judge, Small Causes Court, Bijnor whereby she has dismissed the Original Suit No. 26 of 1998 but Lower Appellate Court (hereinafter referred to as "LAC") has decreed the suit by setting aside decree of Trial Court (hereinafter referred to as "TC").
(3.) This Court formulated following three substantial questions of law on 7.8.2012 after hearing the appeal under Order 41 Rule 11 C.P.C.: (i) Whether the suit filed by the plaintiff-respondent was barred by Section 49 of U.P. Consolidation Holdings Act, 1953 (hereinafter referred to as "Act, 1953")? (ii) Whether the suit filed in the year 1998 for cancellation of the sale deed executed in the year 1987 was barred by limitation in view of Article 59 of the Limitation Act? (iii) Whether the claim of the plaintiff-respondent that the property which was the subject matter of the impugned sale deed was ancestral could be accepted in the face of the admitted factual position that no such claim was raised by him before the consolidation authorities?;