Israil Mian vs Dashrath Mehta
2021 Latest Caselaw 2375 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    [Civil Appellate Jurisdiction]
                           S.A. No. 217 of 2015
          1.Israil Mian, S/o Johari Mian
          2.Ram Lakhan Mehta
          3.Anirudh Mehta
          [Both appellant Nos.2 and 3 are sons of Jokhu Mehta] .... .. ...           Appellant(s)
                                      Versus
          Dashrath Mehta, S/o Shri Tilak Mehta
                                                              .. ... ... Respondent(s)
                           ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

For the Appellant(s) : Mr. Manoj Kr. No.2, Advocate.

       For the Respondent              :
                           ..........

08 / 15.07.2021. Heard, learned counsel for the appellants- Mr. Manoj Kr. No.2.

The instant Second Appeal has been preferred against the judgment dated 29.01.2015 and decree signed on 09.02.2015 passed by learned Principal District Judge, Garhwa in Title Appeal No.15/2012 whereby the judgment dated 17.05.2012 and decree signed on 29.05.2012 passed by learned Civil Judge (Jr. Div.)-II, Garhwa in Title Suit No.11 of 2005 has been affirmed.

Mr. Manoj Kr. No.2, learned counsel for the appellants has submitted that the defendants/appellants/appellants have preferred the instant Second Appeal against the concurrent findings passed by both the learned courts below.

Mr. Manoj Kr. No.2, learned counsel for the appellants has further submitted that the consideration amount has not been paid for the execution of the sale-deed, even then the learned courts below have not considered the same and dismissed the appeal preferred by the defendants/appellants.

Considering such submissions of learned counsel for the appellants and after having gone through the materials available on records including the judgments passed by both the learned courts below, it appears that issue nos.4 and 6 have been taken by the learned Lower Appellate Court as well as by the learned trial court and the finding has been recorded on the basis of the recital made in the sale deed, as such, this Court is not inclined to interfere with the finding of facts as held by both the courts below.

Accordingly, the instant Second Appeal being devoid of any merit is hereby dismissed, as no substantial question of law is made out under Section 100 CPC to admit the instant Second Appeal.

Let the L.C.R. be sent down to the court below.

Sandeep/                                                             (Kailash Prasad Deo, J.)