- (1.)-HEARD Sri B. C. Pande, Sr. Advocate, assisted by Sri B. D. Pande, Counsel for the appellant and Sri L. K. Tiwari, Counsel for the respondent.
(2.)BY the present second appeal filed under section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 24. 9. 2003 passed by the Additional District Judge/f. T. C. III, Dehradun in Civil Appeal No. 4 of 2003 B. S. Ruppal v. Smt. Asha Bahuguna arising out of judgment and decree dated 11. 2. 2003 passed by the Civil Judge, Chief Judicial Magistrate/f. T. C. II, Dehradun in Civil Suit No. 28 of 1990 Smt. Asha Bahuguna v. B. S. Ruppal
(3.)PRESENT second appeal has been admitted on the following substantial questions of law :
" (A) Whether an owner suing on the basis of license and ownership both is entitled to sue a third person without title for his eviction and possession? (B) Whether a stranger purchaser of Joint Hindu Family dwelling house from all mail heirs can sue a third person without title even though a married female daughter were a co-owner? (C) Whether in absence of specific pleading and issue the First Appellate Court could have held Smt. Gurbachan Kaur a married daughter to be a co-owner, especially so when the sale deed dated 17. 4. 1990 was never challenged or set aside within limitation by any one? (D) Whether an unverified compromise 8-A has no evidentiary value? (E) Whether the findings of First Appellate Court on issue Nos. 1, 2, 3, 4 and 6 are perverse?"