9911796707
TMI Blog2007 (9) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... him by Ramayee (alias Lakshmi) by registered sale deed dated 25.9.1989 which was also rectified by another registered sale deed dated 10.9.1990. It was alleged in the suit that an attempt was being made to dispossess the plaintiff and hence injunction may be granted in his favour. 4. The defendant filed a written statement in the suit in which it was contended that Ramayee had neither executed the registered mortgage deed dated 30.9.1988, nor the registered sale deed dated 25.9.1989, nor the rectification deed dated 10.9.1990. It was alleged in the written statement that on the request of the owner of the land, Ramayee, the defendant is assisting her in cultivating the said property under her instructions and plaintiff has no right over th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the First Appellant Court that Lakshmi and Ramayee are one and the same person. Since admittedly Ramayee was the owner of the property in dispute, the sale deed dated 25.9.1989 alleged to have been executed by Lakshmi, Exhibit-A4, was in fact executed by Ramayee, since Lakshmi and Ramayee are the same person. Hence because of the sale deed, title to the property passed to the plaintiff-appellant. 7. The First Appellate Court also held that the burden of proving that the sale deed Exhibit-A4 was a forged document on the defendant but he did not discharge his burden. It was further held that the sale deed was proved by PW3 as well as by PW1. The First Appellate Court also held that the plaintiff is in possession of the property in dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be mentioned that the First Appellate Court under Section 96 CPC is the last court of facts. The High Court in second appeal under Section 100 CPC cannot interfere with the findings of fact recorded by the First Appellate Court under Section 96 CPC. No doubt the findings of fact of the First Appellate Court can be challenged in second appeal on the ground that the said findings are based on no evidence or are perverse, but even in that case a question of law has to be formulated and framed by the High Court to that effect. In the present case no question was framed by the High Court as to whether the finding of the First Appellate Court that Ramayee and Lakshmi are one and the same person, is a finding based on no evidence or is perverse. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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