- (1.) Heard Sri M.A. Zaidi, Advocate, for appellants and Sri Subodh Kumar, Advocate, for respondents. This appeal under Section 100 C.P.C. having been filed by plaintiff-appellants was admitted on 27th April, 1979 treating ground No. 1 as substantial question of law, which reads as under: Whether suit of the claimant-appellant was barred by Section 49 of the U.P. Consolidation of Holdings Act?
(2.) During the course of argument, I find that there are two more substantial questions of law which also need be answered in this case: 2. Whether the finding recorded by Lower Appellate Court that Buddhu migrated to Pakistan before 1947 and, therefore, his property became evacuee property under the Notification dated 10.9.1965, under Defence of India Act, 1962 (hereinafter referred to as "Act, 1962") and Defence of India Rules, 1962 (hereinafter referred to as "Rules, 1962") is based on any evidence? 3. Whether the Lower Appellate Court in reversing the findings of facts of the Trial Court has based its findings on any evidence at all?
(3.) The facts in brief, giving rise to the present dispute, are that plaintiffs instituted Original Suit No. 597 of 1973 for a declaration that the order dated 2.5.1973 passed by Assistant Custodian, Enemy Property, Muzaffar Nagar is illegal and without jurisdiction. They also sought a permanent injunction restraining the defendants from interfering in possession of the plaintiffs over disputed property, as described at the foot of the plaint.;