KUSUM GUPTA Vs. DINESH KUMAR GUPTA AND OTHERS

JUDGEMENT

(1.) This instant appeal is directed against the judgment and decree rendered in Civil Appeal N0. 19A/2012 on 25.9.2012. The First Appellate Court concurrred with finding of facts recorded by the trial Court on all issues ( No.1 to 8) except the Issue No.9. The trial Court had denied the relief of execution of sale deed and decreed payment of money in lieu thereof, whereas the first appellate Court based upon concurrent finding of facts and decreed the suit ordering execution of sale deed. In fact effect this appeal is against with concurrent finding of facts of the Court below.

(2.) Facts necessary for disposal of this appeal are as under:

(3.) Defendant No.1 denied the plaint averment and further alleged that the plaintiff in collusion with defendant No.2, whose whereabout was not known for last five to six years prepared forged agreement. Hence, the alleged agreement was null and void. Plaintiff was not entitled for any relief.