Jaspreet Singh, J. - (1.) By means of the present second appeal, the appellant, who was the defendant in the trial court, assails the judgment passed by the first appellate Court dated 16.09.1993 passed by the Court of Additional Civil Judge, Bahraich whereby it reversed the judgment passed by the trial court dated 05.02.1991 passed by the first Additional Munsif, Bahraich, whereby the suit of the plaintiff-respondent had been dismissed.
(2.) An interesting question arises in the aforesaid second appeal, which was admitted by this Court by means of the order dated 01.12.1993. However, at the time of admission, the substantial questions of law were not formulated.
(3.) With the consent of the learned counsel for the parties, the Court formulated the following substantial questions of law, which are reproduced hereinafter. (i) Whether the judgment and decree passed in R.S. No.127/1970 will operate as res judicata in the present suit filed by plaintiff-respondent and its effect (ii) Whether the suit of the plaintiff was maintainable and any cause action had accrued on 01.09.1984 (iii) Whether S.D.O. has power to declare the ownership under Section 123 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and (iv) Whether the appellant is entitled to the benefit of Section 123(2) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and if so, its effect on the suit ;