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It also appears that the issue was framed in the suit as to whether or not the suit is barred under the provision of section 34 of the Specific Relief Act and as to whether or not the suit is maintainable.

The Learned Trial court while discussing the issue No. 1 (whether the suit is maintainable) considered the judgement reported at A.I.R. 1986 Jammu and Kashmir 24 as it appears that the defendants' case was that the suit is hit by the provision of section 34 of the Specific Relief Act and the suit which only contains a prayer for negative declaration is not maintainable.

The other decision cited by the learned Advocate is the one reported at AIR 1986 J& K 24( Mool Raj Vs. Atma Ram) on the question of maintainability of the suit and the prayer for negative declaration sought for by the plaintiffs. It is not necessary for this court to go into such question in this appeal in view of the fact that this court is of the view that it will be fit and proper if the matter is sent back to the learned Lower Appellate Court on remand since the Learned Lower Appellate Court has not assigned any reason whatsoever while passing the impugned judgement and decree. It will also not be proper for this court to decide any issue on the merits of the case in the present second appeal since this court is also of the view that the Learned First Appellate Court ought to have gone into the question of facts and decided the points taken by the defendants in their title appeal. From the judgements citied at the Bar it will appear that the Learned Lower Appellate Court even while affirming the judgement of the Learned Trial Court ought to have given some reason as to why it thought fit to affirm the judgement and decree of the learned Trial Court. Otherwise, as the Hon'ble Supreme Court has held in Prakash Chand's Case (Supra) that absence of reasons has deprived the Hon'ble Supreme Court to appreciate the circumstances which weighed with the High Court concerned to dismiss the revision petition, and giving of reasons, howsoever brief, in support of its conclusions is much too obvious.