- (1.) This appeal has been filed against the judgment of the learned lower Appellate Court reversing that of the learned trial Court and thereby decreeing the suit of the respondents by which they had challenged the sale deed dated 05.03.1998 in favour of the appellant of 39 kanals 16 marlas of Nehari land for Rs. 8,000/- executed by their brother Jagmohan Singh. Notwithstanding the fact that none of the attesting witnesses was examined the learned trial Court decreed the suit though it noticed that the appellant never came into possession of the land in dispute. Learned lower Appellate Court took this glaring fact as the most important circumstance, coupled with the inadequacy of the consideration amount and the non-examination of the attesting witnesses to allow the appeal.
(2.) In the present appeal the following questions have been proposed:- 1) "Whether the respondents have locus standi to challenge the sale deed dated 05.03.1998, executed by Jagmohan Singh, who died on 31.12.1999, when he did not challenge the same during his life time 2) Whether the suit of the respondent was within limitation and the limitation would start operating from the date of execution of sale deed, death of Jagmohan Singh or from the date of filing of written statement in earlier suit 3) Whether the onus of genuineness of sale deed can be shifted upon the appellant/defendant, when the sale deed is challenged by the respondents/plainti s and they failed to discharge the same 4) Whether the findings of the learned First Appellate Court in discarding the registered and exhibited document can sustain or the exhibited registered document can be discarded on the basis of judgment, when the plaintiff has not produced any evidence to that effect -
(3.) As regards questions No.(1) and (2), it is not disputed that the appellant took no steps to get the land mutated in his name. It is also not disputed that when he tried to take forcible possession the respondents filed Civil Suit No.159 dated 16.05.2000. In the written statement filed to that suit the appellant disclosed the fact that he got the sale deed and thereafter the present suit was filed.;