SECOND APPEAL No. 266 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD SECOND APPEAL No. - 266 of 2026 Aslam Khan .....Appellant(s) Versus Smt. Saleha Begum .....Respondent(s) Counsel for Appellant(s) : Pankaj Srivastava Counsel for Respondent(s) : Awadhesh Kumar Malviya Court No. - 7 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard Shri Pawan Kumar Srivastava, learned Advocate holding brief of Shri Pankaj Srivastava, learned counsel for the plaintiff-appellant and Shri Awadhesh Kumar Malviya, learned counsel for defendant-respondent. 2. This is plaintiff's appeal arising out of concurrent judgments of courts below whereby suit has been dismissed. 3. The suit was filed claiming a relief for declaration that registered sale deed has not been executed w.e.f. 30.09.2019. 4. It appears that the question of maintainability of the suit was raised before the courts below on various grounds and the matter was taken up for consideration. The trial court on 01.04.2023 dismissed the suit holding it barred by Order II Rule 2 CPC, Section 38 of U.P. Regulation of Urban Premises Tenancy Act, 2021 and Sections 115 and 116 of Indian Evidence Act, 1872. 5. The findings of the trial court are based upon institution of previous Original Suit