BHUPINDER KUMAR Vs. KISHORI LAI

JUDGEMENT

(1.) This Second Appeal arises out of the findings of the learned Sub Judge 1st Class -II, Palampur, as affirmed by the learned Additional District Judge -II, Kangra at Dharamshala vide his impugned judgment dated 28.2.2004.

(2.) It appears, plaintiffs filed a suit challenging the sale deed said to have been executed by their father in favour of Devi Dass on the ground of fraud. The plea was that no sale deed was executed by their father Jagat Ram in favour of Devi Dass. The dispute raised before the trial Court was that the sale deed said to be executed by Jagat Ram on 8th November, 1976, registered with the Sub Registrar, was result of fraud as someone else was presented in place of Jagat Ram before the Sub Registrar and this sale in fact was never effected by Jagat Ram.

(3.) The suit was contested by the defendants. Learned trial Court as well as the first appellate Court noticed that no evidence was led by the plaintiffs in respect of the fraud claimed to have been practiced by the defendants. On the basis of the evidence led by the defendants, the trial Court and the first appellate Court came t the conclusion that the sale of and land, subject -matter of dispute was in fact made by Jagat Ram at favour of Devi Dass by thi registered sale deed.