SARDAR CHAND ANTHAL Vs. AJIT SINGH

JUDGEMENT

(1.) ORDER Ajit Singh-respondent No.1's Suit for declaration that Sale Deed dated 17.03.1999 executed by Rakesh Kumarrespondent No.2 in favour of Sardar Chand Anthal, the appellant, was null and void and he be declared owner of the Plot of land measuring 8 Marlas comprised in Khasra No.95 min situated at Karan Nagar, Jammu, besides for Permanent Prohibitory Injunction restraining the appellant and respondent No.2 from interferring in respondent No. 1's peaceful possession over the Plot, was dismissed by the trial Court of Ist Additional Munsiff (Forest Magistrate), Jammu on 04.12.2004 holding that respondent No.1 had failed to prove his title and right in the land.

(2.) HIS Appeal against the Decree and Judgment of the trial Court was allowed by the learned Additional District Judge, Jammu holding that he had proved him to be the owner of the Plot, rights wherein were conveyed to him by Sale Deed dated 27.02.1999 and appellant's Sale Deed dated 17.03.1999 that pertained to the Plot different from the respondent's land, would not vest any right in him in respect of the Plot in question.

(3.) HIS next contention is that the Ist Appellate Court has erred in holding the respondent to have proved his case relying on the weaknesses of the appellant's case regardless of the fact that there was no substantial evidence on records in proof of his case, which course, according to the learned counsel, being impermissible, needs to be corrected by entertaining the Civil Second Appeal.