Dismissed

Gatudi v. Bhanwar Lal

Rajasthan HC4 Nov 2023CSA/24/2021

Case brief

AI extract

What is this about?

This second appeal instituted to challenge the dismissal of a suit for cancellation of a sale deed and declaratory injunction was dismissed. The High Court affirmed the concurrent factual findings of the courts below, based on the appellant's specific admissions during cross-examination, finding no substantial question of law to interfere.

What did the court decide?

The second appeal and pending applications were dismissed.

Gatudi Vs Bhanwar Lal — Property and Title | Rajasthan HC (2023)

¶1

[2023:RJ-JD:37794]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 24/2021

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Gatudi W/o Mangilal, Aged About 78 Years, Nenas, Tehsil Degana, Dis. Nagaur.

¶5

----Appellant

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Versus

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Bhanwar Lal S/o Ogadram, Aged About 53 Years, Khudi Kallan, Tehsil Degana, Dis. Nagaur.

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Shankar Lal S/o Chhogaram, Nenas, Tehsil Degana, Dis. Nagaur.

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Mani Ram S/o Jairam, Nenas, Tehsil Degana, Dis. Nagaur. ----Respondents

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For Appellant(s) : Mr. Kan Singh Oad

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HON'BLE MS. JUSTICE REKHA BORANA

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Judgment

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04/11/2023

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The present second appeal has been preferred against the judgment and decree dated 01.02.2021 passed by the District Judge, Merta in Civil Appeal Decree No.14/2019 (CIS No.14/2019) whereby the judgment and decree dated 01.06.2019 passed by the Senior Civil Judge, Degana in Civil Original Suit No.3/2017, has been affirmed.

¶15

Learned Trial Court, vide the impugned judgment and decree dated 01.06.2019, proceeded on to dismiss the suit as preferred by the plaintiff for cancellation of the sale deed dated 05.02.1992 and for declaratory injunction.

¶16

The case of the plaintiff was that defendant No.1, who happens to be her son-in-law, got executed the sale deed in his

[2023:RJ-JD:37794]

[CSA-24/2021]

(2 of 2)

favour from her late husband fraudulently whereas the said land was the joint family property and not even partitioned.

¶21

Both the Courts below while deciding Issue No.1 found that the plaintiff, in her cross-examination, specifically admitted that the land was purchased by her son-in-law Bhanwar Lal from her husband and after the said purchase he continued to be in possession and is cultivating the same. She further admitted that after the said purchase, defendant No.1 sold out 5 bighas out of the said land to defendant No.3 Mani Ram. In view of the specific admissions of the plaintiff herself, the Courts below decided Issue No.1 against the plaintiff.

¶22

This Court does not find any ground to interfere with the said factual and concurrent findings of the Courts below which are based on specific admissions of the plaintiff herself.

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No substantial question of law arise in the present appeal and the same is hereby dismissed .

¶24

The stay petition and the pending applications, if any, also stand dismissed.

¶25

(REKHA BORANA),J

¶26

3-Vij/-

Gatudi v. Bhanwar Lal

Case brief

What is this about?

What did the court decide?

Gatudi v. Bhanwar Lal

Case brief

What is this about?

What did the court decide?

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