SURAIN SINGH Vs. MEHENGA

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the Punjab and Haryana High court in RSA No. 878 of 1964 dated 27/9/1976. The appellants/plaintiffs were non-suited by the High court on the finding that the sale deed was without consideration (Ex. P-l) executed and registered on 29/9/1959. Shri S. K. Gambhir, the learned counsel for the appellants, contended that the question whether consideration has been passed is a pure question of fact. The appellate court having gone into that aspect as a court of fact and having entered a finding, reversal thereof by the High court is illegal. It is not in dispute that in the suit the respondents contended that the sale deed was obtained by fraud, misrepresentation and without consideration. The trial court dismissed the suit. But on appeal, the appellate court reversed the finding and held that neither fraud nor misrepresentation was made out. Adequate consideration was passed under the sale deed. Therefore, it is a valid sale deed. The High court after considering the evidence ultimately recorded a finding that there is no proof that the appellants had paid the consideration. In that behalf, the High court has looked into the accounts maintained by the appellant himself and it is stated thus:

(2.) The appeal is, therefore, dismissed. But in the circumstances, without costs.