SHER MOHD Vs. AMAR SINGH

JUDGEMENT

(1.) This application has been filed under Section 151 CPC for condonation of delay in refiling the appeal. Application is accompanied by an affidavit. In view of reasoning given in the application, it is allowed subject to just exceptions and delay in refiling the appeal is condoned.

(2.) Predecessor-in-interest of appellants No. 1 to 4 and other appellants filed a suit against the respondents laying challenge to the sale deed dated February 22, 1988, by stating that as respondent No. 2 had got that property from her husband, she had only a limited right and as per custom prevalent in their community, they being reversioners, were entitled to inherit the said property. It was prayed that after setting aside the sale deed in question, decree for possession be passed in their favour.

(3.) Their suit was dismissed. They also failed in appeal. Both the Courts below have found it as a matter of fact that to prove custom, except making self-serving statement, no other evidence has been brought on record by the appellants. To prove existence of custom, reliance was placed upon a judgment Ex. P2. It is apparent from the records that none of the respondents were party in the said litigation. Both the Courts below have also observed that the appellants have failed to prove that they were reversioners and furthermore they have also failed to prove that the property in dispute was inherited by husband of respondent No. 2, from his father. It has also been held that the sale deed in favour of respondent No. 1 was for consideration. No case is made out for interference in pure findings of fact as no substantial question of law has been raised at the time of arguments.