AMI LAL Vs. SINGH RAM AND OTHERS

JUDGEMENT

(1.) Challenge in the present appeal is to the concurrent finding of facts and law, whereby, the suit filed by the appellant-plaintiff, claiming declaration for setting aside the relinquishment deed dated 10.10.2002, bearing No.3648, has been dismissed.

(2.) Mr. G.C.Shahpuri, learned counsel appearing on behalf of the appellant-plaintiff submits that relinquishment deed has been obtained from the appellant-plaintiff by playing fraud, coercion and mis-representation. The Courts below have committed illegality, much less, perversity, inasmuch as that it is admitted fact on file that proforma respondents are still owners in possession of the suit land. Three persons, namely, Ami Lal, Ghanshyam - father of defendants No.1 to 3 and Dulli, defendant No.9, are real brothers and having equal share. The aforementioned evidence was sufficient to belie the execution of the relinquishment deed, in question, thus, findings recorded by the Courts below are not only illegal, much less, perverse and the Courts below should not have dismissed the suit in to, as the aforementioned facts are not in dispute.

(3.) I have heard learned counsel for the appellant-plaintiff and appraised the impugned judgments and decrees of the Courts below.