Maiyadeen vs Smt. Suniya
2017 Latest Caselaw 6613 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1117 of 2017
 

 
Appellant :- Maiyadeen
 
Respondent :- Smt. Suniya
 
Counsel for Appellant :- Sanjay Agrawal
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellant and perused the record.

This second appeal is admitted on the following substantial questions of law;

1. Whether the intention of the defendant appellant was to execute a document for security of loan advanced to him by the plaintiff as it had been twice done earlier which has not been denied by the plaintiff respondent who appeared as p.w.-1. The courts below have not taken into consideration the earlier two agreements to sale which were executed by the defendant appellant in favour of plaintiff respondent and as such the finding recorded by the courts below that there is no sufficient evidence on record to show that the document was written as security for the loan ?

2. Whether the courts below without taken into consideration the quality of land and family members of defendant-appellant wrongly refused to give the benefit of the provisions of section 20 of Specific Relief Act ?

3.  Whether the non consideration of oral evidence by the lower appellate court has vitiated the findings recorded by the lower appellate court ?

Issue notice to the respondent.

Summon the lower court record.

List after receipt of lower court record for final hearing.

Till the next date of listing, the effect and operation of the impugned judgement and decree passed by the courts below shall remain stayed.

Order Date :- 9.11.2017

Gss