Hon’ble Sudhir Agarwal, J.—This is defendant’s appeal under Section 100 of Code of Civil Procedure arising from judgment and decree dated 4.7.1979 passed by Sri Suresh Chandra Srivastava, Vth Additional District Judge, Deoria in Civil Appeal No. 75 of 1975, who has allowed the said appeal, reversed judgment and decree dated 16.5.1975 passed by Munsif Deoria in Original Suit No. 539 of 1969 and decreed the suit.

2. Substantial question of law which have arisen in this appeal and need be adjudicated by this Court, are as under:

(i) Whether the Suit of the plaintiff could be decreed by the lower appellate Court without reversing the finding of the trial Court that Nanai and Sheo Nath were not Zamindars, from whom the plaintiff claimed the property having acquired, merely on the ground that it was so mentioned in the amended plaint?

(ii)Whether the Judgments, Exts A-2 and Q A3 were not given due weight, though they were admissible in evidence.

3. Plaintiffs Dev Nandan and Ram Bilash instituted suit No. 539 of 1969 in the Court of Munsif, Deoria, seeking a permanent injunction agai