- (1.) HEARD Sri T.A. Khan,learned counsel for appellants and perused the record.
(2.) FACTS in brief of the present case are that plaintiff -respondent has filed a suit for permanent injunction, registered as Regular Suit No. 28 of 2011, inter alia stating therein that the plaintiffs are owner of the land recorded as Khata No. 143, Rakba 0.2270 Hectare and 1/2 portion of Khata No. 144 Rakba 0.0080 Hectare situated at Village Tandoa Tahsil Tanda District Rampur and in the north of the land in dispute there is a house of plaintiff and defendant respondent started construction in the north side illegally and tried to interfere and bread possession over the same without any right or locus on the property in question. Appellants/defendants filed their written statement inter alia stating therein that the in land in question does not belong to plaintiff -respondent, belong to them.
(3.) BY judgement and order dated 29.01.2013, the trial court/Additional Civil Judge (Sr. Div.), Rampur dismissed the suit. Aggrieved by the said fact, the plaintiff filed an appeal (Civil Appeal No. 18/2013, allowed by means of judgement and decree dated 26.05.2014 passed by Additional District Judge/Special Judge, Rampur, hence the present appeal has been filed by the defendant -appellant. Learned counsel for appellant following substantial question of law: - "a) Whether the plaintiff -respondents are entitled to claim title over Public Utility Land/Chak Road on the ground that the name of their father was recorded in Khasra and Khatauni in Shreni 4 though subsequently the same has been corrected? b) Whether the lower court while writing the judgement of reversal was at liberty to ignore the consolidation entries, wherein the property in dispute is reserved as Chakroad, merely on the basis of an entry in Khatauni under class 4 only -;