9911796707
TMI Blog2002 (9) TMI 899X X X X Extracts X X X X X X X X Extracts X X X X ..... indings recorded by the Courts below are perverse and illegal?" 3. I have heard the arguments and have gone through the record, 4. The brief facts of suit No. 36 of 1969 are that Babu Lal, respondent filed a suit, in the Court of Munsif South. Unnao with the allegations that he was the owner of the disputed house No. 94 (old) and 97 (new) situate in Mohalla Bastania Talab alias Narendra Nagar, City Unnao. The plaintiff further alleged that Badri Prasad was his tenant for five years on monthly rent of Rs. 15/-. One room in the upper floor of this house remain in possession of the plaintiff in which the plaintiff used to stay after coming from his village Asiwan. The defendant was in arrears of rent from June, 1966 and was liable to pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he neighbour in village where their relations resided. The plaintiff proceeded with them from Balamau Railway Station according to their directions. When they reached on a lonely place, Badri Prasad and Megh Nath laid the plaintiff on the ground and caused serious injuries on his body. On the alarm raised by the plaintiff some persons reached there and thereafter both the persons ran away leaving the plaintiff in seriously injured condition. The plaintiff lodged the report of this occurrence at Police Station Baghuli District Hardoi against Badri Prasad and Megha Nath. Both of them were challaned by the police of Police Station Baghuli under Section 307, IPC and were convicted by the learned Assistant Sessions Judge, Hardoi. When the case w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d writing and finger print expert (P.W. 1), Shri Malkhan Singh hand writing and finger print expert (P.W. 2), Suresh Chandra (P.W. 3) and himself as (P.W. 4) for showing that the disputed sale deeds were forged documents and were not executed by him. Original thumb impression of the executant of the disputed sale deeds was summoned from the office of Sub-Registrar, Unnao by the Trial Court for the purposes of comparison of that thumb impression with the specimen thumb impression of Babu Lal (P.W. 4), the plaintiff. Shri S.P. Ghose (P.W. 1) compared the disputed thumb impressions present in Register No. 8 of the office of Sub-Registrar, Unnao with specimen thumb impressions of Babu Lal (P.W. 4) and came to the conclusion that both the thumb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ff to prove as to how fraud was committed, especially when the very thing is done behind his back. But the fraud can be inferred from the facts and circumstances of the case as well as from the materials on record. 8. There are concurrent findings recorded by both the Courts below to the effect that the impugned sale deed is null and void. The defendant was the tenant of the plaintiff-respondent at the rent alleged by the plaintiff. It has further been held by both the Courts below that the plaintiff-respondent is also entitled to Rs. 480-00 only as arrears of rent. These concurrent findings of fact recorded by both the Courts below are based on evidence on record and they do not call for any interference by this Court. The question of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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