Court No. - 53
Case :- SECOND APPEAL No. - 1176 of 2019 Appellant :- Kuldeep And 4 Others Respondent :- Shiv Charan (Deceased) And 15 Others Counsel for Appellant :- Karan Prakash Tiwari,Ankur Singh Kushwaha Counsel for Respondent :- Shravan Kumar Singh
Hon'ble Vivek Agarwal,J.
Heard Sri Karan Prakash Tiwari, counsel for the appellant.
This second appeal under section 100 of CPC has been filed by some of the defendants against whom judgment dated 311.2017 and decree dated 8.2.2017 was passed by the learned Additional Civil Judge (Sr. Division), Court No. 7, Meerut in O.S. No. 510 of 1987; whereby a suit for cancellation of the sale deed having been obtained by playing fraud and on the basis of the fraudulent power of attorney, has been allowed.
First Appeal filed against the said judgment and decree has been dismissed through concurrent findings of fact that the sale deed as was made in favour of the defendants or their predecessors was not made by valid power of attorney holder and as such power of attorney was forged. This finding of fact as has been affirmed by the first appellate court does not give rise to any substantial questions of law specially when neither any written statement was filed by the appellants before the court of 1st instance nor any evidence was led by them in support of their contention.
In view of above, the appeal is dismissed.
Order Date :- 19.12.2019 S.K.S.