SANJAY KUMAR Vs. NARENDRA DEVI

JUDGEMENT

(1.) THIS is the defendants Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 22.4.2010 passed by learned District Judge, Mandi in Civil Appeal No. 102 of 2007, partly allowing the appeal to the extent that findings qua issue No.6 returned by the trial Court stand set aside but findings qua remaining issues, in terms of the judgment and decree dated 25.8.2007 passed by Civil Judge, Junior Division, Chachiot at Gohar, Distt. Mandi in Civil Suit No. 37 of 2004 stand affirmed.

(2.) DEFENDANTS instant appeal was admitted on thefollowing substantial questions of law: - 1.Whether the Courts below have committed an error by holding the appellant as tenant of the demised premises? 2. Whether the first Appellate Court also committed an error by rejecting the application of the appellant under Order 41 Rule 27 of the Code of Civil Procedure?

(3.) IN the appeal, plaintiff also filed cross -objections (396/2010) which also were admitted on the following substantial questions of law: -1. Whether the first Appellate Court has gravely fallen into error by setting aside the findings of the ld. trial Court with regard to issue No.6, as the non - objector has miserably failed to prove the genuineness of the alleged gift deed? 3. Whether the ld. first Appellate Court has gravely fallen into error by holding that the gift deed is valid without producing and exhibiting the alleged gift deed, which has materially prejudiced the case of the objector/respondent?