DALU Vs. GANGA RAM

JUDGEMENT

(1.) This is second appeal preferred against the judgment and decree dtd. 29/5/2014 passed by learned Additional District Judge, Nimbaheda whereby, he has confirmed the judgment and decree dtd. 4/2/2010 passed by the learned Civil Judge (S.D.), Nimbaheda, District Chittorgarh in Civil Original Suit No. 30/2005 whereby, the suit has been decreed in favour of the plaintiffs for declaration and permanent injunction.

(2.) Both the Courts below have reached to factual finding that the property of Dhannaji Chamar was never sold to Parthaji. The document placed by the appellants in defence Ex. A/1 was found to be only an agreement for sale subject to certain conditions and there was no sale deed executed in favour of the appellant.

(3.) Learned counsel for the appellants submits that there is a perversity in Ex. A/1 and submits that no title document was produced by the plaintiffs to prove their title on the land in question.