Hon’ble Rajesh Tandon, J.

Heard Sri Amish Tiwari, counsel for the appellant, Sri Alok Singh, Sr. Advocate, assisted by Sri Lok Pal Singh and Sri D. Barthwal, counsel for the respondents.

2. By the present Second Appeal filed under Section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 29.9.2007 passed by the District Judge and Sessions Judge, Haridwar in Civil Appeal No. 43 of 2005 Jaipal Singh Vs. Ilam Chand and others arising out of the judgment and decree dated 30.7.2005 passed by the Civil Judge (Junior Division), Laksar District Haridwar in O.S. No.97 of 1997 Ilam Chand Vs. Jaipal Singh.

3. Present second appeal has been admitted on the following substantial questions of law:

“A. Whether, the lower appellate court is justified in setting aside the judgment and decree of learned trial court, without reversing the findings recorded by learned trial court and recording a finding based against the evidence on record?

C. Whether the lower appellate court is justified in relying upon the execution of documents (sale deeds) which are not proved by defendant in accordance with provisions of the law under sec 68 of