BHOTAN Vs. AMIN SAI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered by this Court in this appellants'/plaintiffs' second appeal is as under:-

(2.) The imperative facts required for determination of above-stated substantial question of law are as under:-

(3.) Mr.A.K.Prasad, learned counsel for the appellants/plaintiffs, would submit that the First Appellate Court is absolutely unjustified in reaching to the conclusion that plaintiff No.2 Mohan Ram was mentally fit enough to execute sale deed 4.3.80 (Ex.D/1) as there is clinching evidence available on record to hold that plaintiff No.2 was of unsound mind on the date of execution of sale deed in favour of defendant No.1, as such, the judgment and decree passed by the First Appellate Court deserves to be set aside and that of the trial Court be restored.