Om Prakash & Ors vs Shri Ram Gopal & Ors on 24 July, 2008

              S.B. CIVIL SECOND APPEAL NO.175/2007
             Om Prakash & Ors. Vs. Shri Ram Gopal & Ors.

Date of order                    :            24th July, 2008

                                PRESENT

             HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. D.K. Sharma for Mr. Himanshu Maheshwari for the appellant.

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1.             Heard learned counsel.

2.             This second appeal arises out of the concurrent findings

of two courts below rejecting the suit filed by sons for cancellation of

sale deed executed by the father.

3.             It has been found by the learned courts below that to

meet the finance needs of the family including education of children,

said father in the capacity of Karta of the family had to sell the part of

the property including the shop in question and, therefore, his right to

sell the shop could not be questioned by the sons and thus, rejected

the said suit.

3.             Having heard learned counsel and perused the impugned

judgment, this Court finds no substantial question of law arising in

the matter.

4.             The second appeal filed by the appellant is misconceived

and devoid of merit. The same is accordingly dismissed.

5.             A copy of this judgment be sent to the respondents.



                                        [ DR. VINEET KOTHARI ], J.

item No.28
babulal/-