SECOND APPEAL IN HIGH COURT.[CD1] 

 

SECOND APPEAL IN HIGH COURT

 

 

 

IN THE HON'BLE HIGH COURT OF JUDICATURE

AT Second Appeal No. .................... of 19 ........................

(Under Section 100 C.P.C.) -

…………………………….………………………………………………... Appellant

versus

……………………………………………………………….Defendant/Respondent

……………………………..……………………….Proforma Plaintiff/Respondent

 

 

 

To

The Hon'ble Chief Justice and his Companion Judges of the High Court of Judicature at .................

Second Appeal against the judgment and decree of the Additional Civil Judge,

........ dated .................... in Civil Appeal No..................... of 19............... between ................... and another, arising from judgment and decree in Original Suit No. ................... of 19 .................... Shri ..................., is most respectfully submitted on the following amongst other grounds of appeal.

 Valuation of the Appeal………………………Rs…………………as per valuation in original

.... Rs. original suit.

Court fee paid ....

Rs. ...........

GROUNDS OF APPEAL[CD2] 

 

1. Because the learned Appellate Court has not framed points in appeal and has pressed only on one irrelevant and evasive point in a round about way bye-passing judicial approach and justice in the matter.

2. Because under Rule 26 of the U.P. Zamindari Abolition & Land Reform ACI, 1952, if the building is abandoned, the site shall escheat to the State,the alleged garhihaving been abandoned the site had long before become the prope Sabha and no issue or point has been framed by the Courts De of the express pleading by the Appellant in this respect.

3. Because the learned Appellate Court has misunderstood the law as to  ownership of the abadi sites in dispute. It is totally misconceived that since the respondent Zamindar was owner before abolition of Zamindari, hence he is owner of the abadi  site in dispute. No possession is established on record either by filing extracts from Kutumb Register, or extracts from election record of voters or even by oral evidence that such and such servant is residing therein on behalf of the ex-Zamindar.

 

 

4. Because the bar to prove the neem trees within the …………….. No. .................... has been wrongly placed on the defendant/ plaintiff who is to stand on his own legs and it was he who was to surveyed and not the defendant/appellant. The learned lower Appellate miserably failed to import justice according to established principles

5. Because the judgment of the learned Appellate Court is otherwise also against the provisions of law and facts on record.

6. Because the judgment of learned Appellate Court is evasive in nature is no judgment in the eye of law.

7. Because the suit being bad for non-joinder of State and Gaon Sabha beina necessary parties is liable to be dismissed on this ground alone and appeal be allowed

RELIEF CLAIMED:

It is, therefore, most respectfully prayed that the appeal may be allowed and suit of the plaintiff/respondent be dismissed by setting aside the judgment of the trial Court.

Dated………………………..

Counsel for he Appellant.

 

 [CD1]SECOND APPEAL IN HIGH COURT.

 [CD2]GROUNDS OF APPEAL