Ramesh Singh vs Ram Kumar And Another
2022 Latest Caselaw 1427 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- SECOND APPEAL No. - 40 of 2021
 

 
Appellant :- Ramesh Singh
 
Respondent :- Ram Kumar And Another
 
Counsel for Appellant :- Manju Nagaur,V.P. Nagaur
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the appellant.

Submission of learned counsel for the appellant is that both the courts below i.e. the trial court as well as the appellate court have failed to take into consideration the relevant evidence submitted by the plaintiff and have wrongly made observations against the facts. The submission is that the trial court has specifically noted that the witness of the execution of the sale deed was not produced before the court while one of the witnesses namely Nirmal Kumar appeared before the court as P.W.-2. Similarly, the appellate court has also wrongly found that there was no evidence to prove that the cheque of Rs. Five Lac could be in any manner, connected with the sale deed, while at the back of the cheque, which was filed before the court concerned, it was noted that the same is with regard to sale of property in dispute. Therefore, both the courts below have not considered the relevant evidence which was on record and the Judgments are perverse.

A case for consideration is made out.

The appeal is admitted on the following substantial questions of law :-

1. Whether both the courts below have failed to take into consideration the relevant evidence and thus the judgments are perverse ?

Issue notice.

Summon the Lower Court Record.

List after service.

Meanwhile the parties shall maintain status-quo with regard to property in dispute.

(Vivek Chaudhary,J.)

Order Date :- 25.4.2022

AKS