- (1.) Heard Sri P.N. Saxena, learned Senior counsel assisted by Sri Kunal Ravi Singh, learned counsel for the appellants and Sri B.N. Upadhyaya, Advocate holding brief of Sri Anil Kumar Mishra, learned counsel for the respondents.
(2.) The present second appeal has been filed against the judgment and decree dated 18.8.1989 passed by Sri Sant Lal Ram, VIth Additional District Judge, Azamgarh in Civil Appeal No.480 of 1980 "Amar Deo Singh Vs. Arya Samaj, Lalganj and others", allowing the appeal and setting aside the judgment and decree passed by Munsif Haweli, Azamgarh dated 19.8.1980, (by which the Munsif had decreed Civil Suit No.174 of 1979 of plaintiffs for injunction, eviction and recovery of arrears of rent and damages for the use and occupation) dismissed the plaintiff's suit with costs throughout. Feeling aggrieved by the dismissal of their suit by the first Appellate Court, the plaintiffs have preferred this second appeal which was admitted on 21.12.1989 on following substantial question of law involved in the appeal:- "(1) whether the appellate court was right in relying on receipt dated 10.10.1944 and reversing the findings of trial court that the same was a forged document"
(3.) Again on 14.9.2010 upon application of the plaintiffs-appellants, one more substantial question of law was framed as under:- "(2) whether the plaintiffs are entitled to a decree on the basis of title, even if relationship of landlord and tenant on which the suit was based, was not proved.";