On the request of learned counsel for the plaintiff appellant the case was taken up out of turn with the consent of learned counsel for respondent no. 1 as there is urgency in the matter.
Heard Sri K.K. Arora, learned counsel for the plaintiff appellant and Sri Akhtar Ali, learned counsel for defendant respondent no. 1.
Three questions of law arise for consideration in this appeal:-
i) Whether respondent no. 1 had acquired any transferable right in the shops in dispute on the basis of the sale deed dated 16.1.1964 without there being any finding regarding transferable right of the executants of the said sale deed;
ii) Whether ignoring the sale deeds dated 11.7.1972 and 22.10.1973 plaintiff appellant has any right in the shops in dispute; and
iii) Whether a suit could have been held to be barred by Section 34 of the Specific Relief Act, 1963 when the plaintiff appellant in addition to the relief of declaration has also claimed the relief of partition in the alternative.
Admit.
Issue notice to respondent no. 3 by registered post.
Until further orders of this Court, parties including their agents and representatives are directed to maintain status quo with regard to nature of the land in dispute.
Order Date :- 31.1.2014 SKS