Full Judgment
1. Heard the learned counsel for appellant.
2. Plaintiff's/respondent's suit for cancellation of Sale Deed dated 23.06.1989 and for permanent injunction was decreed by the trial Court. The judgment and decree of the trial Court was affirmed by the First Appellate Court while dismissing first appeal of defendants. Hence, this second appeal has been preferred on behalf of defendant No.2.
3. From the facts mentioned in the judgments of both the Courts below, which have not been controverted by the learned counsel for appellant also, it reveals that a land measuring 2 Bighas 7 Biswas, out of Khasra No.49 had already been sold to plaintiff through registered Sale Deed dated 10.08.1973 and the same was again sold vide impugned Sale Deed dated 23.06.1989. The trial Court and the First Appellate Court recorded a finding that defendants have not filed their written statements and from the evidence available on record, the suit of plaintiff is liable to be decreed.
4. The controversial issues involved in the present case are relating to question of facts and there is concurrent finding of facts by both the Courts below, which cannot be interferred with by this Court in second appeal under Section 100 CPC.
5. The second appeal can be entertained only on substantial question of law, which, in my view, is not involved in this second appeal. Hence, it is dismissed in limine.