Surrendra Pratap Singh Yadav vs Vansh Bahadur
2022 Latest Caselaw 900 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- SECOND APPEAL No. - 289 of 2022
 

 
Appellant :- Surrendra Pratap Singh Yadav
 
Respondent :- Vansh Bahadur
 
Counsel for Appellant :- Sunil Kumar Singh
 

 
Hon'ble Salil Kumar Rai,J.

This is a plaintiff's second appeal challenging the judgment and decree dated 22.01.2018 passed by the Civil Jude (Senior Division)/F.T.C., Sant Kabir Nagar dismissing Original Suit No.296/2007 as well as the judgment and decree dated 20.12.2021 passed by the District and Sessions judge, Sant Kabir Nagar in Civil Appeal No.04/2018 whereby the lower appellate court has dismissed the Civil Appeal and affirmed the decree of the trial court.

The dispute in the proceedings before the courts' below related to the identification of the suit property. It has come on record that the boundaries of the property sold through the sale deed dated 16.1.2002 executed in favour of the plaintiff/appellant by the original tenure holder was in conflict with the earlier sale deed dated 8.10.2021 executed by the original tenure holder in favour of the vendor of the defendant. The issue related to identification of the suit property and the ownership and possession of the plaintiff over the suit property. The Courts' below after considering the evidence produced by the parties have recorded their findings that the plaintiff had not been able to prove his case and therefore, rejected the claim of the plaintiff. The findings of the courts' below are findings of fact recorded on the basis of evidence available on record and the counsel for the plaintiff has not been able to show any perversity in the aforesaid findings.

No substantial question of law arises in the present appeal.

The appeal is dismissed.

Order Date :- 8.4.2022

IB