UGANTA KANWAR Vs. RAJ KANWAR

JUDGEMENT

(1.) Instant second appeal is preferred aggrieved from order dtd. 21/10/2023 in Civil Regular Appeal No. 26/2019 passed by learned Additional District Judge, Lalsot, District Dausa whereby judgment and decree dtd. 17/10/2019 in Civil Suit No. 72/2018 (47/2015) was affirmed and the appeal was dismissed.

(2.) Learned counsel for appellant while relying upon grounds of appeal have submitted that appellants have challenged the relinquishment deed executed by respondent no.4 in favour of Shaitan Singh (husband of respondent no.1 and father of respondent nos. 2 and 3), without any authority. He further submitted that this property is ancestral property received in succession after death of Late Chaggan Singh, wherein appellants have right of succession. He also submitted that plaintiffs nos. 2 to 5 are sons and daughter of respondent no.4 having right and claim in co-parcenary property succeeded by respondent no.4, therefore, respondent no.4 has no right to execute relinquishment deed. He also submitted that the trial court has failed to consider the legal issues and also the material available on record. He also referred the findings of learned appellate court and submitted that the appellate court without going into depth has dismissed the appeal. He also submitted that on the basis of facts, circumstances and grounds there exists substantial questions of law, which require consideration by this Hon'ble Court. He also submitted that the finding of learned courts below are perverse and illegal, therefore, same is required to be set aside.

(3.) Aforesaid contentions were opposed by learned counsel appearing on behalf of caveator respondent nos. 1 to 3 and submitted that there is a concurrent finding of the Courts below and in second appeal this Hon'ble Court cannot look into the factual aspect, therefore, in absence of substantial question of law, the appeal is liable to be dismissed.