Brahmvati & Others vs Vineet Kumar &
2021 Latest Caselaw 5423 UK

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      30.12.2021                        SA No.121 of 2021
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 29.09.2021, passed by the learned 2nd Additional District Judge, Haridwar in Civil Appeal No.40 of 2012, "Smt. Brahmvati & Others vs. Vineet Kumar & Others", by which the said appeal was allowed and the judgment and decree dated 27.07.2012, passed by the learned Civil Judge (Junior Division), Haridwar in Original Suit No.86 of 2002 "Vineet Kumar vs. Kashiram & Others", whereby the Original Suit, filed by the appellant, was decreed in favour of the appellant/plaintiff.

Heard Mr. M.S. Tyagi, learned Senior Advocate assisted by Mr. Sunil Chandra, learned counsel for the appellant.

The learned counsel for the appellant submitted that the First Appellate Court has decided the said appeal only on Additional Issue No.11. He further submitted that the impugned sale deed was executed by the grandmother of the appellant and at that time the appellant was minor.

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

(i) Whether the learned First Appellate Court was justified while passing impugned judgment and decree only on Additional Issue No.11?

(ii) Whether the learned First Appellate Court has not taken into consideration the minority of the appellant and the grandmother of the appellant was not competent to execute the sale deed in-question?

(iii) Whether the learned First Appellate Court was justified in its finding that the sale deed dated 16.04.1980, 15.07.1996 and 17.04.1997 may be presumed to be correct on the strength of Section 91 of the Indian Evidence Act, 1872?

Issue notice to the respondents. Steps to be taken within a week. Post this case on 25.02.2022. The learned counsel for the appellant requested to grant the stay on the impugned judgment and decree, passed by the learned First Appellate Court.

In the facts and circumstances of the case, it seems appropriate to consider the stay application after receiving the LCR.

Summon Lower Court Record.

(Alok Kumar Verma, J.) 30.12.2021

Neha