JOT KUNWAR Vs. TULSIGIRI

JUDGEMENT

(1.) Proceedings of this matter have been taken up for hearing through video conferencing.

(2.) Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellant/defendant No. 1 under Section 100 of the CPC. By the impugned judgment and decree, learned first appellate Court affirmed the judgment and decree of the trial Court decreeing the suit of the plaintiffs for declaration of title and permanent injunction.

(3.) Mr. Shobhit Koshta, learned counsel for the appellant/defendant No. 1, would submit that both the Courts below have erred in holding that the sale deeds (Ex. P/5 and P/6) executed by the father of defendant No. 1 in favour of the plaintiffs are valid and in accordance with law as the suit property was the ancestral property in the hands of defendant No. 1's father and he could not have alienated the suit property in favour of the plaintiffs, as such, the appeal be admitted by formulating substantial question of law in this regard.