Heard learned counsel for the appellant.
Admit.
Issue notice to the respondents.
Following substantial questions of law arise for consideration in the present case.
(1) Whether the courts below erred in law in decreeing the suit of the plaintiff on the basis of unregistered family settlement dated 14.01.1975 which was compulsorily registerable by virtue of provisions of Section 35 of the Stamp Act, 1899 and Section 17(1) (b) of the Registration Act, 1908?
(2) Whether the present suit for cancellation of the sale deed and permanent injunction was barred by provisions of Section 331 of U.P. Z.A. & L.R. Act for the simple reason that the plaintiff was not recorded as the owner/Bhumidhar of 1/2 share of the land in dispute belonging to defendant no.1 (Jag Mohan)?
Till further order of his court, status quo in respect of the land in dispute shall be maintained.
Order Date :- 6.1.2010 pks