Mohan Singh @ Mohan Lal vs. Chandro Devi

Signature Not Verified

ITEM NO.36 COURT NO.10 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 25916/2015

(Arising out of impugned final judgment and order dated 29/06/2015 in RSA No. 154/2015 passed by the High Court Of Delhi At New Delhi)

MOHAN SINGH @ MOHAN LAL Petitioner(s)

VERSUS

CHANDRO DEVI AND ORS. Respondent(s) (with prayer for interim relief) Date : 14/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. S.P. Verma, Adv. For Mr. Balraj Dewan,Adv. For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The plaintiff, who is the petitioner in this special leave petition, filed a suit for declaration in respect of 25% share in the suit property. The suit was dismissed by the Trial Court recording a finding that no evidence to prove his title was produced by the petitioner. The Trial Court further found that the Will relied upon and executed by Phool Singh was also a forged document. Consequently, the suit was dismissed.

The first Appellate Court re-appreciated the entire evidence and upheld the finding recorded by the Trial Court. Digitally signed by Sukhbir Paul Kaur Date: 2015.09.14 16:57:24 IST Reason:

The petitioner moved the High Court in second appeal, which was dismissed holding that there cannot be interference with regard to finding of fact recorded by the two Courts below. Moreover, no substantial question of law is involved.

We have heard learned counsel appearing for the petitioner at length.

We subscribe the view taken by all the three Courts.

Consequently, the special leave petition is dismissed.

[INDU POKHRIYAL] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.