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RAMESH & OTHERS versus RAM PRASAD & OTHERS

High Court of Judicature at Allahabad

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Ramesh & Others v. Ram Prasad & Others - SECOND APPEAL No. - 980 of 2007 [2007] RD-AH 16045 (26 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Dilip Gupta, J.

The plaintiffs have filed this Second Appeal for setting aside the judgment and decree passed by the learned Additional District Judge, Court No.14, Moradabad by which the Civil Appeal, that had been filed by the plaintiffs, was dismissed.

The Original Suit had been filed for cancellation of the sale-deed. Basically two grounds were raised that the plaintiffs belong to Scheduled Caste category and secondly that the plaintiffs were minor at the time when the sale-deed was executed. The Courts below have not accepted this contention of the plaintiffs. A categorical finding has been recorded that the certificate filed by the plaintiffs regarding the Caste Certificate could not be proved by them and it has also been found that the sale-deed was executed by the father of the plaintiffs on behalf of the minors and one brother was major. Learned counsel for the appellants has not been able to point out any infirmity in the findings recorded by the Courts below.

The Second Appeal is, therefore, liable to be dismissed at the admission stage as no substantial question of law arises for consideration. It is, accordingly, dismissed.

Dt/- 26.9.2007

Sharma/980


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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