Bherulal And Anr. vs Mohanlal And Ors. on 8 May, 1980
11. It was lastly contended that the learned lower courts were not justified in relying upon the circumstance in discarding the positive evidence tendered by the appellants. I am unable to agree with this contention because In my opinion, both the courts below have given cogent reasons for disbelieving the evidence adduced by the appellants to prove the execution of Ex. A/1 and Ex. A/2 by Brijlal. I may state that Ex. A/2 and Ex. A/3 were of no importance because admittedly they could not pass any title in favour of the appellants. The title if at all could be passed in favour of the appellants, by virtue of Ex. A/1 but it could not be proved that was executed by Brijlal. The argument of the learned appellants based on the following observations in the case of Raj Singh v. Ch. Gajraj Singh are not material for the decision of the case, inasmuch as, in my opinion, the finding of fact arrived at by the two courts below is neither perverse nor (sic)unsupported by any evidence or vitiated by an essentially wrong approach in (sic)the appreciation of the evidence.