VINOD K.SHARMA, J. - (1.) THIS order shall dispose of two regular second appeals bearing RSA No. 3649 of 2003 titled Balbir alias Balbir Singh v. Om Parkash and RSA No. 3749 of 2003 titled Balbir alias Balbir Singh v. Zile Singh and Ors. as they arise out of common judgment and common questions of law and facts are involved in both these appeals.
(2.) PRESENT appeals have been filed against the judgments and decrees passed by the learned courts below vide which the suit for declaration with consequential relief of permanent injunction has been ordered to be dismissed. The plaintiff-appellant has challenged the sale deed in favour of the defendant-respondents made by his father on the ground that the property in dispute was ancestral property of Hindu undivided family and therefore, he had no right to dispose of the said property without any legal necessity. The suit was contested and one of the issues framed by the learned trial court was "Whether the sale deed dated 4.4.1988 is null and void being without consideration and without legal necessity ?"
(3.) BOTH the courts below have recorded a concurrent finding of fact that the property was not ancestral in the hands of Thana as the plaintiff-appellant had failed to lead any documentary, oral or other evidence to prove its ancestral nature. Thus, issue No. 1 has been decided against the plaintiff- appellant. Consequently the suit was also dismissed.;