PRABHAT Vs. KALU RAM SHARMA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY this second appeal under Section 100 C.P.C., the defendant appellants 1/1 to 1/9 legal representatives of original defendant Prabhat and defendant no.2 Smt. Sarju Devi have challenged the judgment and decree dated 31.8.2001 passed by Civil Judge (Sr. Div.) No.1, Jaipur District Jaipur in Civil Suit No.34/2000 (52/1987), Kalu Ram vs. Prabhat & Ors. whereby the civil suit filed by plaintiff-respondent Kalu Ram Sharma for specific performance and for declaration of the sale deed dated 23.4.1997 executed in favour of Sarju Devi as null and void has been decreed which has been affirmed by the first appellate court i.e. Additional District Judge No.2, Jaipur District, Jaipur vide judgment and decree dated 28.2.2011 in Civil Regular First Appeal No.14/2001 filed by the present appellants except appellant Sarju Devi.

(3.) COUNSEL for the plaintiff respondent submits that the findings recorded by both the courts below are based on proper appreciation of evidence available on record. He further submits that a second appeal by this Court can be entertained only if any substantial question of law is formulated by the appellant or involved in the appeal. Pointing towards memo of the appeal, counsel further submits that no substantial question of law has been formulated in the memo of appeal. Therefore, the appeal deserves to be dismissed.