K C KAPOOR Vs. RADHIKA DEVI

JUDGEMENT

(1.) THIS is an appeal by special leave against a judgment of a learned single Judge of the High Court of Allahabad dated 19/02/1970 reversing in a second appeal the first appellate decree passed on lst June, 1966 by the District Judge, Rae Bareli in confirmation of the decree of the trial Court. The prayer made by the plaintiffs in the suit, which was dismissed by the first two Courts, was to the effect that a sale deed executed on 14/02/1964 (Exhibit A-1) by defendant No. 2 in favour of defendant No. 1 in respect of a portion of a block of houses situated in Rae Bareli, be cancelled, and that possession of that portion be delivered to the plaintiffs who should also be awarded mesne profit while accepting the second appeal the High Court decreed the suit except in regard to mesne profits.

(2.) MOST of the facts giving rise to this appeal are undisputed and may be briefly stated with reference to the following pedigree-table : <IMG>JUDGEMENT_487_4_1981Image1.jpg</IMG>

(3.) IN its judgment the trial court held that all the three plaintiffs and defendant No. 2 formed a joint Hindu family of which defendant No. 2 was the Karta and that plaintiffs Nos. 2 and 3 acquired an interest by birth in the property left by their grandfather.