Singhasan vs Smt. Yogmaya And 2 Others
2021 Latest Caselaw 6108 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- SECOND APPEAL No. - 123 of 2021
 

 
Appellant :- Singhasan
 
Respondent :- Smt. Yogmaya And 2 Others
 
Counsel for Appellant :- Juned Alam
 
Counsel for Respondent :- Chandra Prakash Misra
 

 
Hon'ble Salil Kumar Rai,J.

The present second appeal has been filed by the plaintiff against the judgment and decree dated 5.10.2012 passed by the trial court dismissing Original Suit No. 644 of 2004 as well as against the judgment and decree dated 23.12.2020 passed by the lower appellate court dismissing Civil Appeal No. 32 of 2012 filed by the plaintiff against the decree of the trial court.

The claim of the plaintiff in the courts below was based on his averment that he was the exclusive owner in possession of the suit property after partition of Plot Nos. 717 and 795 between the plaintiff and the defendant / respondents - I set.

In their judgments, the courts below have rejected the claim of the plaintiff on the ground that the plaintiff had not been able to prove partition of the suit property. It is also on record, as evident from the judgments of the courts below, that a suit under Section 176 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 has been instituted by the defendant / respondents - I set for partition of Plot Nos. 717 and 795.

The findings recorded by the courts below are findings of fact based on assessment of evidence and after considering the oral and documentary evidence filed by the parties.

There is no perversity in the findings recorded by the courts below or in any appreciation of evidence by the courts below. No substantial question of law arises in the present case.

The appeal is dismissed.

Order Date :- 9.6.2021

Satyam