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2019 Supreme(All) 2524

JASPREET SINGH
Lalta Prasad – Appellant
Versus
Bhagwan Deen – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.A. Siddiqui and Mohd. Aslam Khan
For the Respondent: Rakesh Kumar Srivastava and Ashok Kumar Verma

JUDGMENT :

Jaspreet Singh, J.

1. This is the defendant's second appeal. Being aggrieved against the judgment passed by the Additional District Judge, Faizabad dated 16.11.2011, passed in Regular Civil Appeal No. 78/2008 by which the first appellate court has set-aside the judgment and decree dated 09.4.2007 by which the regular suit No. 200/89 of the plaintiff was dismissed by the trial court. The result is that the suit which was initially dismissed by the trial court was decreed by the first appellate court and it is for the said reason that the defendant has preferred the above second appeal which was admitted by this Court by means of order dated 21.7.2014 on the following substantial questions of law.

    "i) Whether the learned lower appellate court having formulated only one point on the question of validity of sale-deed as to whether the executant of the sale deed, Dubar was ^^v/kZ ikxy** vkSj ^^ew<** and having recorded a finding in para 41 that Dubar is not found in any manner to be a man of ^^fod`r fpRr** could decree the suit for cancellation of the alleged sale deed going beyond the same on any other point, and the judgment rendered by the appellate court as such is sustain

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