BHOOLI Vs. CHANDA

JUDGEMENT

(1.) APPELLANT , Smt. Bhooli is aggrieved by the judgment and decree dated 1.10.2011 passed by the A.C.J.M. (Sr. Division) and A.C.J.M. No.13, Bassi, Jaipur Metropolitan, whereby the learned Magistrate has dismissed her suit for cancellation of sale -deed dated 4.11.1987 and for permanent injunction against the respondents -defendants. She is equally aggrieved by the judgment and decree dated 6.3.2013 passed by the Additional District Judge No.3, Jaipur Metropolitan.

(2.) THE brief facts of the case are that appellants filed a suit for cancellation of sale -deed and permanent injunction before the Additional Civil Judge (Sr. Division) NO.13, Bassi, Jaipur Metropolitan, Jaipur against the respondents. The learned trial court after hearing both the parties framed seven issues. After taking into consideration the oral and documentary evidence, the learned trial court dismissed the said suit on 1.10.2011. Aggrieved with the said judgment and decree, appellants preferred an appeal before the District and Sessions Judge, Bassi, Jaipur Metropolitan Jaipur, and the learned District Judge, vide judgment dated 6.3.2013 also dismissed the appeal and affirmed the judgment and decree dated 1.10.2011 passed by the learned trial court. Thus, there has been a concurrent finding of fact of both the courts below.

(3.) ON the other hand, Mr. Vimal Kumar Jain, the learned counsel for the respondents has contended that entire case is based on facts. Moreover, the appellant is trying to overturn a large number of events which have occurred after her father's death. In fact, she is trying to get the sale -deed dated 4.11.1987 cancelled in the year 2006. Therefore, it is only a clever ploy to turn the historical clock back.