RAM SINGH Vs. BANS BAHAL SINGH

JUDGEMENT

(1.) Heard Mr. A.P. Singh, learned counsel for appellant as well as Mohd. Arif Khan, learned Senior Advocate assisted by Mr. Hari Om Pandey, learned counsel, who has put in appearance on behalf of respondent and perused the record.

(2.) This Second Appeal has been filed under Sec. 100 CPC1 against the judgment and order dated 27.10.2016 passed in Civil Appeal No. 138 of 2009 (Ram Singh Vs. Bans Bahal Singh), decree passed in the aforesaid appeal as well as judgment and order dated 10.12009 passed in Regular Suit No. 160 of 1982 [Har Dutt Singh (deceased) and Bans Bahal Singh (substituted on basis of will Vs. Ram Singh] and decree passed in the aforesaid regular suit.

(3.) As per the facts of the case, in brief, the respondent-plaintiff filed a suit for cancellation of the sale-deed dated 09.09.1981 (presented for registration 110.1981 and registered in the office of Sub- Registrar on 18.12.1981) alleged to have been executed in favour of appellant by putting some impostor. The Suit was contested by the 1 Code of Civil Procedure, 1908 defendant by filing written statement denying the aforesaid allegations. The Trial Court, on the basis of the pleadings of the parties, framed necessary issues and decided issues no. 1 and 2 holding that the sale-deed was obtained by the defendant by putting some impostor in place of Har Dutt Singh (plaintiff), predecessor-in interest of the present respondent by drawing adverse inference against the defendant, who despite the order passed by the Court for production of the sale-deed, had not filed the same in the Court. Being aggrieved against the said judgment and order passed by the Trial Court, the appellant filed First Appeal before the lower appellate Court wherein the Court after considering the facts and circumstances of the case as well as evidence on record dismissed the appeal vide judgment and order dated 27.10.2016. Being aggrieved the appellant have filed the instant second appeal.