- (1.) HEARD learned counsel for appellants and perused the record.
(2.) PRESENT appeal has been filed against the judgement and decree dated 18.07.2014 passed by District Judge, Mahoba as well as judgement and decree dated 21.08.2013 passed by Civil Judge (jr. Div.) Mahoda in O.S. No. 100 of 2010 dismissing the suit of plaintiffs/appellants.
(3.) LEARNED counsel for appellant has pressed the present appeal on the following substantial question of law: - "(a) Whether any relief can be granted in favour of the defendant/respondent NO. 1 for which proceeding under Section 122 U.P.Z.A. and L.R. Act has been decided against him? (b) Whether appellate court has committed manifest error of law and facts in misinterpretation and property in dispute for which transfer is barred by under Section 132 U.P.Z.A. and L.R. Act for the same the court can permit to make construction - While pressing the said substantial question of law, learned counsel for appellant submits that the court below has committed manifest error of law and facts in passing the impugned judgement and decree dated without considering the material evidence on record as defendant/respondent No. 1 has no right, title in public utility land and the proceeding under Section 122B of the U.P.Z.A. and L.R. Act has been finalized against him by an order dated 31.01.2012 passed by Tehsildar, Mahoba. The disputed land is a public utility land (Khalihan) reserved for the said purpose under Section 132 of the U.P.Z.A. and L.R. Act, so the judgement and decree passed by court below being contrary to the facts on record, liable to be set aside.;