Court No. - 1 Case :- SECOND APPEAL DEFECTIVE No. - 59 of 2010 Petitioner :- Cantonment Board, Through Chief Executive Officer Respondent :- Sanjai Bhatia @ Sanjeev Bhatia Petitioner Counsel :- S.P. Shukla Hon'ble Rakesh Sharma,J.
Admit.
Issue notice.
Following substantial questions of law arise for consideration of this Court:
“Whether the suit is barred by section 274 of Cantonment Act, 1924?
Whether the finding of lower appellate court that the construction in question
is situated in premises has been obtained from Smt. Kamla Devi is perverse
and based on no evidence?
Whether finding in respect of construction is based on no evidence?
Whether finding in respect of repair, plastering and while washing are based
on no evidence?
Whether the finding recorded by lower appellate court that in the campus of
Bungalow in question there are other construction also, have not initiated any
proceedings are based on no evidence?
Counter affidavit may be filed within six weeks. Rejoinder affidavit may be
filed within two weeks thereafter. List after the expiry of the aforesaid period.
Till the next date of listing, the operation of the judgment and decree dated
20.10.2009 passed by the lower appellate court shall remain stayed. The
respondents are hereby restrained from raising any construction over the land
in dispute, make alterations, addition to the existing structure. It is open for
the concerned authorities of the Cantonment Board to carry out inspection
every fortnight to see that the directions contained in the trial court’s judgment
and order of this Court are being followed.
Order Date :- 3.2.2010
VPC