Unknown vs Chunni Lal And Others"
2021 Latest Caselaw 5397 UK

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      29.12.2021                        SA No.96 of 2021
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 22.02.2021, passed by the learned Vth Additional District Judge, Haridwar in Civil Appeal No.17 of 2013, "Ram Charan and Another vs. Chunni Lal and Others", whereby the learned Appellate Court has allowed the appeal, filed by the respondents herein, partly. The said appeal was filed against the judgment and decree dated 15.02.2013, passed in Original Suit No.112 of 2008 "Chunni Lal and Others vs. Ram Charan and Another", whereby the learned trial court allowed the original suit.

Heard Mr. Pankaj Miglani, learned counsel for the appellants.

The learned counsel for the appellants submitted that it is the case of the respondent-defendant that the property-in-question was sold by the mother of the appellant nos.1 & 3. However, the respondents have failed to show any document regarding the said sale.

This Second Appeal is admitted on the following substantial question of law:-

Whether the learned First Appellate Court was justified in not considering the admission of the respondents that the property-in- question was sold by the mother of the appellant nos.1 & 3, whereas, the respondents have failed to show any document regarding their title?

Issue notices to the respondents. Steps to be taken within a week.

List this case on 25.02.2022. The parties are directed not to create any third party interest in the property-in- question till the next date of listing.

(Alok Kumar Verma, J.) 29.12.2021

JKJ/Neha