- (1.) This second appeal filed under Section 100 Code of Civil Procedure has arisen out of the judgment and decree dated 23.07.1987 passed by the Ist Additional District Judge, Gonda in Civil Appeal No. 104 of 1985 whereby the judgement and decree rendered by the trial court in Regular Suit No. 31 of 1980 on 10.7.1985 was set aside and the suit was partly decreed by setting aside the sale deed dated 5.8.1975 and for arrears of rent to the tune of Rs. 210/- coupled with ejectment and proportionate cost.
(2.) The trial court had dismissed the suit filed by the sole respondent whereas the first appellate court allowed the civil appeal and decreed the suit for cancellation of sale deed and recovery of arrears of rent to the tune of Rs. 210/- coupled with eviction alongwith proportionate cost.
(3.) Heard Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Aslam Khan at length. Though this second appeal was admitted only on two substantial questions of law but learned counsel for the appellants argued the second appeal on many other aspects in the light of substantial questions of law formulated by order dated 08.02.2019 which read as under:- "1. Whether the trial court had rightly exercised the jurisdiction by uniting the causes of action, which exclusively may not be within the domain of civil court. 2. Whether this Court would permit a party to raise a question on the aspect of jurisdiction once there was a failure on the part of the appellant to have filed any cross objection before the first appellate court in respect of the findings on issue no. 8. 3. Whether the Second Appeal would at all be maintainable if the objection of the appellants on the aspect of jurisdiction is tested in his favour. 4. Whether the first appellate court was right in recognizing the rights of appellants both of ownership on the basis of sale-deed simultaneous to the adjudication of tenancy rights for the period after the execution of sale deed on 5.8.1975. 5. Whether there was compliance of Order 41 Rule 31 CPC by the first appellate court below." ;