Anjesh And Another vs Sabir Ali And 2 Others
2021 Latest Caselaw 6053 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- SECOND APPEAL No. - 81 of 2021
 

 
Appellant :- Anjesh And Another
 
Respondent :- Sabir Ali And 2 Others
 
Counsel for Appellant :- Shashank Shukla,Navaneet Kumar Shukla
 
Counsel for Respondent :- Amit Kumar Singh,Sunil Kumar Chaudhari
 

 
Hon'ble Salil Kumar Rai,J.

The present second appeal has been filed against the judgment dated 02.11.2020 passed by Additional District & Session Judge, FTC-1 Kushinagar @ Padrauna, in Civil Apeal No.48 of 2008 as well as judement dated 30.07.2008 passed by Additional Civil Judge, (Junior Division) Kushinagar @ Padrauna, in original suit No.07 of 1999.

Through the judgment dated 30.07.2008, the trial court had dismissed original suit No.07 of 1999 instituted by the plaintiff for cancellation of the sale-deed dated 22.06.1998 executed by co-tenure holder Harish Chandra in favour of respondent No.1. The courts below have rejected the claim of the plaintiff-appellants holding that admittedly Harish Chandra was a co-tenure holder of the suit property and therefore, he was entitled to transfer his share in the suit property to respondent No.1.

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/-