- (1.) This second appeal has been filed by Ratan Kumar Sharma against Smt. Premwati Sharma against the judgment and decree dated 9.5.2014 passed by Additional District Judge, Court no. 9, Meerut in Civil Appeal No. 75 of 2008 by which the learned first appellate court has set aside the judgment and decree dated 12.5.2008 passed in Original Suit No. 243 of 2002 and directed the defendant/appellant to vacate the suit property within one month.
(2.) The appellant made a prayer that the judgment and decree dated 9.5.2014 passed by Additional District Judge Court No. 9 in Civil Appeal No. 75 of 2008 be set aside.
(3.) This appeal was admitted on 31.7.2014 on the substantial question of law as framed by the appellant namely A, B and C, which are as under: (A) Whether the findings recorded by and all the conclusions arrived at by the learned first appellate court are wholly baseless and perverse? (B) Whether without upsetting the finding recorded by the trial court, the learned first appellate court could have set aside the judgment and decree of the learned trial court? (C) Whether the direction issued by the learned first appellate court to vacate the suit property within one month is wholly misconceived is without jurisdiction and illegal?;