IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.2407 of 2007 (O&M) Date of Decision: 20.11.2008. Joginder Singh ....Appellant Versus Kundan Singh and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.Arun Palli, Sr. Advocate with Mr.Parminder Singh, Advocate for the appellant. RAJESH BINDAL, J. **** The plaintiff is in second appeal before this Court against the concurrent findings of fact recorded by the Courts below whereby suit filed by him for declaration was dismissed. The brief facts are that appellant and respondent No.1 Joginder Singh and Kundan Singh are real brothers. The property for which the claim is set up by both the parties belonged to Harnam Kaur, their mother. She owned 2 kanals 8 marlas of land. She died in August 2001. After her death appellant/plaintiff filed a suit that he had become owner in possession of half share of the property owned by Harnam Kaur, being her one of the legal heir, the other being his brother Kundan Singh. Further challenge in the suit was also to the sale deed dated April 21, 1999, which was executed by Harnam Kaur in favour of Gurmukh Singh, Maninder Singh and Jodh Singh sons of Kundan Singh, with the allegations that the same was a result of fraud and fabrication having been registered without consideration. Both the Courts below found that the case set up by the appellant/plaintiff was not made out from the evidence produced on record as the respondents produced sufficient evidence to prove that Harnam Kaur had executed the sale deed in favour of her grand sons on April 21, 1999. She had even appeared before deed writer to put her signature and also before the Sub Registrar at the time of registration of sale deed where besides her signatures even her RSA No.2407 of 2007 -2- photograph has also been affixed on the sale deed. The registration clerk had proved her appearance and also the registration of document. The only contention sought to be raised is that there is no material on record to show that what did Harnam Kaur do with the consideration money of Rs. 1,16,000/- received by her on account of sale of property to respondents No.2 to 4. Once it has been proved that the sale deed had been executed in normal routine where Harnam Kaur had appeared before the deed writer and also before the Sub Registrar way back in 1999. Though she expired in August 2001 but was never aggrieved of the sale deed during her life time. After her death the sale deed cannot possibly be challenged merely on the ground that what did she do of the money received on account of sale of property as she was not in need of money. Findings recorded by Court below are plain and simple findings of fact giving rise to no question of law much less a substantial question of law. The appeal is accordingly dismissed. (RAJESH BINDAL) 20.11.2008. JUDGE Reema