CSA 32/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CIVIL SECOND APPEAL NO.32/08 Girraj Kishore Versus Bajranglal DATE OF ORDER :: 23/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Bharat Singh, for appellant [defendant] *** Instant second appeal has been filed by defendant-appellant assailing judgment & decree of learned trial Judge dated 12th August, 2005 and also judgment & decree of learned first appellate court dated 24th August, 2007 whereby finding of learned trial Judge has been affirmed. Respondent-plaintiff filed a suit for permanent injunction against the defendant- appellant restraining him from not interfering in the property which was referred in Para 1 of the plaint and no construction be made on the said piece of land. On the basis of pleadings, learned trial Judge in all framed five issues. Issue No.1 infact was relevant for consideration “whether the property in question, of which description has been made by the plaintiff in Para 1, was purchased by him through registered sale deed from Basir Khan. The defendant-appellant also claimed that it was transferred to him through a registered Will which was executed in June, 1991. Learned trial Judge after taking into CSA 32/08 [2] consideration the material, finally recorded finding in favour of plaintiff holding that it was purchased by him through registered sale deed on 30th August, 1962 from Basir Khan and Aziz Khan and accordingly, restrained the appellant- defendant from interfering in the disputed property and raising construction over it. The said finding was affirmed by the court of appeal in its judgment dated 24th August, 2007. Counsel for appellant submits that sale deed of which reference has been made and taken note of both the courts below since original/certified copy of sale deed has not been placed on record, the cognizance could not have been taken and the finding which has been recorded is not supported by material came on record. The submission of the counsel is only to re-appreciate the evidence where the concurrent finding has been recorded against him. This court does not find any substance in the submission made and no substantial question of law emerges for consideration in the instant appeal. Consequently, the appeal fails and is hereby dismissed. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.32CSA2008 23-1.doc