The Allahabad High Court dismissed the second appeal filed against decrees dismissing the plaintiff's suit for cancellation of a sale deed by finding of fact that the plaintiff failed to prove the vendor was of unsound mind during execution.
Appellant's second appeal was dismissed, affirming the decree at the trial court level.
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Court No. - 4
Case :- SECOND APPEAL No. - 257 of 2022
Appellant :- Smt. Saira Bano And 2 Others Respondent :- Nijamuddin And Another Counsel for Appellant :- Jata Shankar Pandey,Qaisar Kamal Ansari
Hon'ble Salil Kumar Rai,J.
This is plaintiff's second appeal against the judgment and decree dated 14.5.2019 passed by the Civil Judge (Junior Division) Mauranipur, Jhansi dismissing the Original Suit No. 43 of 2004 as well as against the judgment and decree dated 4.12.2021 passed by Additional District Judge, Jhansi dismissing the Civil Appeal No. 53 of 2019 and thereby affirming the decree of the trial court. The Original Suit No. 43 of 2004 was instituted by the plaintiff for cancellation of sale deed executed by their father on the ground that the sale deed was executed when the vendor/father of the plaintiff was of unsound mind.
A reading of the judgment of the courts below reveals that plaintiff was not able to prove that at the time of execution of the sale deed the vendor was of unsound mind.
The finding recorded by the courts below are findings of fact based on evidence on record, no substantial question of law arises in the present appeal.
The appeal is dismissed .
Order Date :- 24.3.2022 CS/-
Digitally signed by CHANDAN SINGH Date: 2022.03.24 17:54:18 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the appellant could prove that the vendor was of unsound mind at the time of execution of the sale deed.
2 provisions across 1 enactments
Smt. Saira Bano
Nijamuddin
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
