Kalyan vs Ram Niwas And Another ...
2023 Latest Caselaw 2223 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 744/2011

Kalyan S/o Koriya,
                                                                    ----Appellant
                                    Versus
Ram Niwas & Anr.
                                                                 ----Respondents

For Appellant(s)           :    Dr. P.C. Jain
For Respondent(s)          :    Mr. Rajendra Gautam

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

17/02/2023

Learned counsel for the appellant, inviting attention of this

Court towards the findings recorded by the learned trial Court vide

judgment dated 17.01.2004 as also the findings of the learned

Appellate Court vide judgment dated 20.05.2010, would submit

that the learned Appellate Court erred in reversing the findings

recorded by the learned trial Court based on appreciating of oral

as also documentary evidence without meeting the reasoning

assigned by it. He submits that the learned Appellate Court has

dismissed the suit holding that from the evidence on record,

execution of the agreement to sell dated 16.12.1997 was doubtful

without appreciating that from the preponderance of probabilities,

the plaintiff was able to establish his case. He, therefore, prays

that this civil second appeal be allowed.

Per contra, learned counsel for the respondent No.1 submits

that the learned Appellate Court did not err in reversing the

findings recorded by the learned trial Court as the same were

[2023/RJJP/003150] (2 of 2) [CSA-744/2011]

passed ignoring the material contradictions in the evidence of the

plaintiff.

Heard. Considered.

The learned Appellate Court has reversed the findings

recorded by the learned trial Court holding that execution of the

sale agreement dated 16.12.1997 by the respondent No.1 in

favour of the plaintiff was doubtful.

Admit.

Following substantial question of law arises in the civil

second appeal:

(i) Whether the learned Appellate Court erred in

reversing the findings recorded by the learned trial

Court based on appreciation of evidence recording

its doubt only about veracity of the plaintiff's

evidence ignoring and overlooking that civil cases

are to be decided on the basis of preponderance of

probabilities.

On the request of the learned counsels for the respective

parties, list this civil second appeal for hearing on 23.02.2023 at

3.30 p.m.

(MAHENDAR KUMAR GOYAL),J

Sudha/01

Powered by TCPDF (www.tcpdf.org)