- (1.) This is a plaintiff's second appeal filed under Section 100 C.P.C. After hearing this appeal under Order 41 Rule 11 C.P.C. this Court formulated following substantial question of law on 30.04.2010: "(i) Whether the transaction regarding sale of house was fair, proper and transparent and defendant respondent no.1 took advantage of her relationship from the plaintiff, who was mother? (ii) Whether the factum of sale consideration is proved from the oral and documentary evidence produced before the court below or the findings in this regard are based on presumption? (iii) Whether the Courts below have committed illegality in not recording the finding regarding formation of a valid contract and payment of sale consideration? between the parties? and the impugned judgments of the Courts below are vitiated on account of misreading of evidence on record.
(2.) Sri Ashok Kumar Singh, learned counsel appearing for appellant and Sri K.N. Mishra and Sri A.K. Dave, Advocates for respondents have advanced their submissions on aforesaid questions.
(3.) To appreciate the above issue, the bare facts necessary for adjudication of aforesaid questions I may refer to the case set up by parties before the courts below.;