J.R. Goyal J. - (1.) THIS is plaintiffs' second appeal under S.100 CPC against the judgment and decree dated 15.11.08 passed by Additional District Judge Jhalawar, in Civil Appeal No.76/05, whereby the judgment and decree of dismissal of the suit passed by the Civil Judge (Sr.Div.) Jhalawar in Civil Suit no.19/02, was affirmed.
(2.) BRIEF facts of the case are that the plaintiff-appellants filed a suit against the defendant-respondents for cancellation of sale-deed of the disputed land stating therein that Kishan Singh sold the land by a registered deed dated 19.5.01 to defendant-respondent no.1-Gend Kanwar, without any consideration. It was further stated that the plaintiffs are co-sharers in the said land, therefore, Kishan Singh alone was not having any right to sell-off the land. Defendant nos.1 and 2 filed reply, denying the averments in the plaint. The trial court dismissed the suit mainly on the ground that even according to the plaintiffs, the joint land has been partitioned, therefore, the plaintiffs have no right on the said land. The judgment of trial court was affirmed by the First Appellate Court. The only argument advanced by the learned counsel for appellants is that the disputed land was sold by Kishan Singh to defendant no.1-Gend Kanwar without any consideration, therefore, the said transaction is void as per the provisions of S.25(1) of the Contract Act. In the case in hand, there is a concurrent finding of fact that the Joint Hindu Family property had already been partitioned amongst plaintiffs and other co-sharers, therefore, the plaintiffs had no right to file a suit for cancellation of the sale-deed made by Kishan Singh of his own property. I do not find any substantial question of law involved in this second appeal. Accordingly, the second appeal is dismissed along with the stay application, at the admission stage. ;