CSA 792/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CIVIL SECOND APPEAL NO.792/07 Jawahar Lal & Anr. Versus Devi Ram & Ors. DATE OF ORDER :: 22/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Mahendra Goyal, for appellants Mr. R.S. Purohit ] for respondents Mr. Ajay Gupta ] *** Instant appeal has been filed by plaintiff- appellants assailing judgment & decrees of learned trial Judge and also of learned first appellate court. It is relevant to mention at this stage that plaintiffs' father Sukkhan sold property of Khasra No.75 measuring 3 bighas 19 biswas of which reference has been made in Para 1 of suit, to the respondent and at no stage, appellants' father ever questioned the registered sale deed which was executed in favour of defendant Devilal. Learned trial Judge in all framed eight issues – out of which issue Nos.2 & 3 were basically relevant to examine the dispute which the appellants raised for cancellation of sale deed. Learned trial Judge on appreciation of material which came on record decided both the issues in favour of defendant holding that sale CSA 792/07 [2] consideration has been passed on to the seller [father of appellants], and no fraud has been committed in execution of sale deed which was duly registered, impugned in the instant suit. The appellate court on re-appreciation of evidence affirmed the said finding. Counsel for appellants has submitted that finding, which has been recorded by both the courts below, is totally perverse and is not supported with the material came on record and with his assistance this court has looked into the registered sale deed and so also the statement of PW-2 Sukkhan [father of appellants]. After taking note thereof and submission of counsel, there is nothing but re-appreciation of evidence which has been considered by the courts below and there is a concurrent finding of fact in favour of respondent-defendant. This court does not find any substantial question of law which emerge for consideration in the instant appeal. Consequently, the appeal fails and is hereby dismissed. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.792CSA2007 22-1.doc