JUDGMENT

A.M. KHANWILKAR, J.

Leave granted.

2. These appeals emanate from the judgment and decree dated 28th February, 2008 of the High Court of Uttarakhand at Nainital in Second Appeal No.206 of 2001 and also the order dated 19th June, 2008 in Review Application No.668 of 2008.

3. The central issue involved in these appeals is: whether the High Court, while dismissing the second appeal filed by the plaintiff (original respondent) being devoid of merit and despite upholding the concurrent finding of fact recorded by two Courts below on the factum of ownership of the land, was justified in making an observation which has the potential of reopening the already settled issue of title in respect of the suit property?

4. The original respondent Vijay Krishna Uniyal, claiming to be the owner and in possession of the immovable property admeasuring 3.398 acres, known as Wolfsburn Estate, situated at Survey No.11, Landour Cantonment, Mussoorie (hereinafter referred to as "the suit property"), on which a building existed, consisting of many rooms in which a block for watchman and other structures existed, was served with a notice dated 19th August, 1985 issued by the Under Secretary to the Gove