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Madhya Pradesh High Court · body

1977 DIGILAW 666 (MP)

Dashrathlal v. Nirbhaysingh

1977-12-15

R.K.TANKHA

body1977
Short Note : 1. Learned counsel for the plaintiffs confined his submission only with regard to the dismissal of the suit to the extent it related to Khasra Nos. 101 and 103/2. The lower appellate Court held as a fact that even these two Khasras were sold by the plaintiffs to the defendants vide sale-deeds (Ex.P-1, P-2 and P-3). Ordinarily this would be a finding of fact. But the finding being based on misconstruction of documents Ex.P-1, P-2 and P-3 would be open to challenge in second appeal. Bhusawal Borough Municipality vs. Amalgamated Electricity Co. Ltd. and Another, (1964) 5 SCR 905 relied on. Appeal allowed.