Poonam Singh And 5 Others vs Madan Singh And Another
2021 Latest Caselaw 6051 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- SECOND APPEAL No. - 88 of 2021
 

 
Appellant :- Poonam Singh And 5 Others
 
Respondent :- Madan Singh And Another
 
Counsel for Appellant :- Adeel Ahmad Khan
 

 
Hon'ble Salil Kumar Rai,J.

The present second appeal has been filed against the judgment and decree dated 16.01.2021 passed by Additional District Judge (Fast Track) Court No.1 Maharajganj in Civil Appeal No.05 of 2019 (Poonam Singh and others vs. Madan Singh and another) as well as the Judgment and decree dated 07.02.2019 passed by Additional civil Judge (J.D.) Maharajganj in Original Suit No.100 of 2006 Urmina (since deceased) and others vs. Madan Singh and another).

Through the decree dated 07.02.2010, the trial court had dismissed the original suit No.100 of 2006 instituted by the plaintiff for cancellation of the sale-deed dated 09.11.2005 executed by Rajit Singh-defendant No.3 (who died during the pendency of the suit in the trial court) in favour of defendant Nos.1 and 2. The sale-deed was not denied by Rajit Singh who did not file a written statement and the written statement filed by the wife of the Rajit Singh also did not deny the said sale deed.

The courts below have dismissed the suit and appeal of the plaintiff-appellants after considering the documentary and oral evidence on record and the records indicate that the plaintiff-appellants failed to prove their case. There is no illegality in concurrent findings of the courts below. No substantial question of law arises in the present second appeal.

The second appeal is dismissed.

Order Date :- 7.6.2021

Pr/-