VINOD KUMAR Vs. AMAR SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the plaintiff - appellant against the judgments and decrees of the Courts below, whereby the suit filed by the plaintiff was dismissed by the trial Court and the appeal filed by him was also dismissed by the learned District Judge.

(2.) THE plaintiff had filed a suit for declaration etc. challenging the gift deed dated 18.6.1997 executed by defendant No.1 Smt. Brahmi Devi in favour of defendant No. 2 Surinder Kumar. The case of the plaintiff was that one half of the property held by Smt. Brahmi Devi was earlier gifted by her to defendant No.2 Surinder Kumar, vide gift deed dated 7.5.1996 and she had agreed to give the remaining one half of the property to the plaintiff, by way of an agreement dated 28.7.1996 and had also executed a Will dated 4.1.1997 in favour of the plaintiff. It was alleged that Smt. Brahmi Devi, defendant, having agreed to give one half of the property to the plaintiff by way of agreement dated 28.7.1996, could not have gifted away the suit property to defendant No. 2 by virtue of gift deed dated 18.6.1997. Both the Courts below dismissed the suit of the plaintiff holding that the subsequent gift deed dated 18.6.1997 executed by Smt. Brahmi Devi in favour of defendant No.2 Surinder Kumar was perfectly legal and valid and was not affected by the agreement dated 28.7.1996 in favour of the plaintiff. These findings given by the Courts below, in my opinion, are findings of fact, based on evidence led by the parties and do not call for any interference from this Court in the present Regular Second Appeal, especially when nothing has come on the record to show that there was any misreading of evidence or that any material piece of evidence was ignored by the Courts below, while giving these findings.

(3.) IN view of the detailed discussion above, in my opinion, there is no scope for interfering in the present Regular Second Appeal, especially when no question of law, much less a substantial question of law, arises for determination in this appeal. Accordingly, finding no merit in this appeal, the same is hereby dismissed.