also produced Form no.10 as Ex.D3 and copies of notices, reply notice and postal acknowledgment as Exs.D4 to D8(a) respectively. Even in absence of any rebuttal evidence, trial Court dismissed suit. However, even while dismissing suit, trial Court answered point no.1 in favour of plaintiff by holding that agreement of sale dated 07.06.1986 was proved and also that in terms of said agreement, defendants had put plaintiff in possession of suit property. Trial Court dismissed suit on ground that Land Tribunal had granted suit property in favour of plaintiff on 30.08.1979 and agreement of sale executed on 07.06.1986 would clearly be violation of terms of grant and therefore null and void. In light of said reasoning, it observed fact that prior to filing of suit, period of non-alienation of 15 years had lapsed would not be of any aid to plaintiff. First appellate Court, upon reappreciation, confirmed said findings. It observed that by amending Act no.34 of 1998, Gazetted on 05.12.1998, period of non-alienation was required to be calculated from date of passing of order by Land Tribunal and not from date of issuance of Form no.10. It, however dismissed appeal on ground that suit of plaintiff was not maintainable.
