POORAN RAM Vs. SHANKAR DATT

JUDGEMENT

(1.) By means of present second appeal, the plaintiff / appellant seeks to set aside the judgment and order dated 18.06.2012 and decree dated 26.06.2012, passed by learned District Judge, Bageshwar in civil appeal no. 05 of 2010, Pooran Ram s/o Bachi Ram vs. Shankar Dutt s/o Narayan Dutt and against the judgment and decree dated 23.03.2010, passed by learned Civil Judge (J.D.), Bageshwar in Original Suit no. 11 of 2007, titled as Pooran Ram vs. Shankar Dutt.

(2.) A suit no. 11 of 2007 for cancellation of sale deed and possession over the suit property was filed by plaintiff Pooran Ram against the defendant Shankar Dutt in the court of learned Civil Judge (J.D.), Bageshwar. The suit was dismissed vide judgment and decree dated 23.03.2010. Aggrieved against the said judgment and decree, plaintiff / appellant filed civil appeal no. 05 of 2010 before learned District Judge, Bageshwar. After hearing learned counsel for the parties and having gone through the record of the case, the appeal was dismissed vide judgment and order dated 18.06.2012. The findings recorded by learned trial court on 23.03.2010 were affirmed vide judgment and order dated 18.06.2012 and decree dated 26.06.2012. Still aggrieved against the same, present second appeal has been preferred by the plaintiff / appellant.

(3.) Second appeal was admitted on the following substantial question of law: