- (1.) This is a defendants' second appeal from a decree of Sri Rajendra Pal, the then Additional District Judge, Court no.3, Fatehpur passed in Civil Appeal no.91 of 1998, allowing the said appeal and reversing an original decree of Sri A.K. Gupta, the then Second Additional Civil Judge (Sr. Div.), Fatehpur in Original Suit no.3 of 1991, dismissing the suit aforesaid for cancellation of registered sale deeds dated 27.09.1988 and 09.08.1990.
(2.) This appeal was admitted to hearing on 13.08.2004 on the following substantial questions of law framed at the foot of the memorandum of appeal as questions nos. (e) and (f): (e) Whether the lower Appellate Court was justified in setting aside the findings of the Trial Court without meeting out its reasonings and analysis of evidence on record by the Trial Court regarding fraud, payment of consideration and capacity of executant, Rampal to execute the sale deeds under challenge? (f) Whether the sale deeds have been wrongly cancelled even for the personal share of executant, Rampal?
(3.) Sri D.P. Singh, learned Senior Advocate assisted by Sri Mangal Rai, learned counsel for the appellants was heard on 28.02.2019 and the appeal was posted for further hearing to 07.03.2019. On 07.03.2019, it was adjourned. On 11.03.2019, Sri D.P. Singh, learned Senior Advocate resumed his submission assisted by Sri Jitendra Kumar, Advocate. His arguments did not conclude on that day, and the appeal was adjourned to the following day i.e. 12.03.2019. Sri R.K. Pandey, learned Advocate on behalf of the respondents remained present during the hearing. Again on 12.03.2019, Sri D.P. Singh, learned Senior Advocate assisted by Sri Jitendra Kumar, learned Advocate resumed his submissions and concluded in support of the appeal. The appeal was ordered to be adjourned to the following day for Sri R.K. Pandey, learned counsel for the respondents to answer. On 13.03.2019, Sri R.K. Pandey, learned Advocate argued in reply. Sri D.P. Singh, learned Senior Advocate assisted by Sri Jitendra Kumar, learned counsel for the appellants remained present during the hearing. Sri R.K. Pandey, learned counsel for the respondents concluded his submissions. Nothing was added in rejoinder on behalf of the appellants. Thus, judgment was reserved on 13.03.2019.;