Vinod Kumar Misra, J. - (1.) This second appeal has been preferred against the judgment and order dated 15.11.1997 passed in civil appeal no. 273 of 1996 by Special Judge, Agra setting aside the judgment and decree of the Vth Additional Civil Judge, Agra and dismissing the plaintiff/appellant's suit no. 269 of 1986 between Jamil Khan and others Vs. U.P. Sunni Central Board of Waqf.
(2.) On 18.1.2005 appeal was admitted by this Court on the following substantial questions of law: "1. Whether in the facts of the case was it necessary to file original sale deed and secondary evidence was not admissible within the meaning of Section 65 of the Evidence Act when the Execution of the sale deed dated 20.1.84 was admitted to the defendant-respondent in paragraph nos. 1,3,4,6,14 and 17 of the written statement and in the order of the President of Central Sunni Waqf Board filed by the defendant- respondent itself?"
(3.) Original suit no. 269 of 1986 (Jamil Khan and others Vs. U.P. Sunni Central Board of Waqf) was filed by Sri Jamil Khan for the decree of permanent injunction restraining the defendant from interfering in the possession and ownership of the plaintiff regarding the house, details of which are given at the foot of the plaint. The plaintiff claimed themselves owner in possession of the disputed house on the basis of registered sale deed dated 10.1.1984 executed by Shri Masood Ali Khan @ Shri Maqsood Ali Khan.;