KAMALBIR SINGH Vs. JAGIR SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals i.e. R.S.A. No. 4656 of 2003 and R.S.A. No. 4671 of 2003 as the plaintiff-appellant is the same in both these appeals. Both the appeals have arisen out of suits filed by him challenging sale deeds executed by his father Rajbir Singh. For the sake of convenience, facts are borrowed from R.S.A. No. 4656 of 2003.

(2.) THE plaintiff has remained concurrently unsuccessful in his challenge to the deed May 16, 1995 executed by Rajbir Singh, his father in favour of defendants No. 1 to 4. Plaintiff claimed that Rajbir Singh was a man of bad habits and was an addict. It was claimed that the property in hands of Rajbir Singh was ancestral and coparcenary property and had been sold by him without any legal necessity and without any consideration.

(3.) AN appeal was filed by the plaintiff before the learned first appellate Court. The learned first appellate Court re-appraised the evidence. The learned first appellate Court, on such re-appreciation, found that the property in the hands of Rajbir Singh was not proved to be ancestral or coparcenary property and had been sold for a valid consideration by him, in favour of defendants No. 1 to 4. It was further held that in any case the property had been sold for legal necessity. Consequently, the appeal filed by the plaintiff was also dismissed by the learned first appellate Court. Nothing has been shown that the findings recorded by both the Courts below suffer from any infirmity or are contrary to the record. No question of law, much less any substantial question of law, arises in the present appeal. Dismissed. Appeal dismissed.