ASHOK KUMAR Vs. PUSHPA RANI DECEASED THROUGH LRS.

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the judgment and decree dated 10.09.2010 passed by Sh. Suresh Kumar Gupta, ADJ in RCA No. 76/2009 dismissing the first appeal of the appellant. I have heard the learned counsel for the appellant.

(2.) THE contention of the learned counsel for the appellant is that he had filed a suit for declaration to the effect that the sale deed dated 14.06.1989 purported to have been executed by him in favour of his mother is a fabricated document and the same is an outcome of fraud and therefore should be declared as null and void. It has been stated by the learned counsel for the appellant that the trial court has not summoned any of the attesting witnesses in order to establish as to whether the sale deed purported to have been executed by the appellant was genuine or not.

(3.) I have carefully considered the submission made by the learned counsel for the appellant and gone through the impugned judgment and perused the record.