Hon’ble Shiv Charan, J.—This second appeal has been instituted against the judgment and decree dated 31.3.1998 passed by the then Xth Addl. District Judge, Meerut in C.A. No. 1 of 1995 (Bharat Petroleum Corporation Ltd. v. Smt. Phool Wati and others). By the impugned judgment and decree the learned appellate Court dismissed the appeal alongwith cross-objection filed by respondents. And the judgment and decree of the trial Court dated 16.12.1994 was confirmed. Although the present appeal has not been admitted till date for hearing after formulating the substantial question of law. But on 19.5.1998 stay was granted by this Court to the effect that execution of the impugned judgment and decree of the two Courts below shall remain stayed. Although application was moved on behalf of the respondent for vacating the stay order granted in this case. Hence under these circumstance both the Counsels for the parties in joint statement stated that this appeal be finally disposed of. Under these circumstance the above mentioned appeal shall be disposed of finally after considering the substantial question of law involved in this case.

2. The original record of the Courts below has also b