- (1.) This is a defendant's appeal under Section 100 of the Code of Civil Procedure (hereinafter referred to as the "CPC") which has arisen from the judgment and decree dated 17.10.1986 passed by Sri C.N. Singh, Additional Civil Judge Second, Jaunpur in Civil Appeal No. 103 of 1981, whereby it has allowed appeal and set aside judgment and decree dated 07.03.1981 passed by Sri Virendra Kumar Khare, Munsif City, Jaunpur, dismissing Original Suit No. 313 of 1976. The Lower Appellate Court has decreed the suit by reversing decree of Trial Court.
(2.) The appeal was admitted on the following two substantial questions of law: "(I) Whether court below erred in relying on sale deed of 1973 which was executed by Zamindar as alleged by plaintiff when he had no rights left to him due to abolition of Zamindari? (II) Whether findings recorded by court below against defendant that he was licensee of plaintiff is perverse, there being no legal evidence worth the name in this finding?"
(3.) The plaintiffs, Rajpat, Nanhku and Manku sons of Sahdeo, instituted Original Suit No. 313 of 1976 for ejectment of defendant-appellant from disputed premises constituting a Dalan and Madaha, detailed in the map appended to plaint as 'D' and 'CH', respectively.;