SONU GUPTA Vs. SHANTI DEVI

JUDGEMENT

(1.) Heard learned Counsel for the plaintiff-appellant and the learned Counsel for the defendant-respondent. The present appeal has been filed for setting aside the judgment and decree dated 21.3.2007 passed by the Addl. District Judge, Barabanki. Brief facts of the case are that the plaintiff-appellant filed a Regular Suit No. 157 of 1987 with the prayer that the house in question numbering G/1087/1196 situated in Mohalla-Kanoongoyan, City Nawabganj, District Barabanki with the boundaries mentioned therein was stated to be purchased by Raghunath S/o Kandhai from one Raghunath S/o Vishram vide sale-deed dated 5.10.1953. It was further stated in the Suit that out of wedlock of first wife (Smt. Shyama Devi) of Raghunath one daughter namely Smt. Shanti Devi (defendant-respondent) was born. Smt. Shyama Devi expired much before and thereafter Raghunath S/o Kandhai married Smt. Yadurai. There was no issue out of the wedlock of Raghunath and Smt. Yadurai and Raghunath expired 10 years prior to the date of institution of the Suit and Smt. Yadurai died on 31.7.1986. It was further stated that the said house was sold to Smt. Yadurai by Raghunath S/o Kandhai vide sale-deed dated 6.11.1970 and by virtue of sale-deed Smt. Yadurai became owner of the said house and she remained in possession till she was alive. It was further stated that Raghunath also lived in the said house till he was alive. It was further stated in the Suit that Smt. Yadurai was earlier married to one Sunder Lal S/o Bhagwan R/o village Narthuwa and out of wedlock of Smt. Yadurai and Sunder one daughter Smt. Chanda was born and when Smt. Yadurai was married to Raghunath, her daughter Chanda also came alongwith her mother and started living alongwith Raghunath. It was further stated that Raghunath got married Smt. Chanda with the father of plaintiff-appellant and Smt. Chanda expired soon after the plaintiff-appellant was born. The plaintiff-appellant came into possession of the house in question after death of Smt. Yadurai.

(2.) The defendant-respondent used to visit Raghunath's house off and on and she did not take in good taste regarding sale of house to Smt. Yadurai. Smt. Yadurai seriously fell ill prior to her death and she died out of Cancer. After rituals of Smt. Yadurai took place the defendant-respondent expressed her desire to live in Barabanki and she also desired to open a betel shop which father of the appellant gave permission to live in the house and also gave small place to carry on the said betel shop. Later on the said shop was closed. The defendant-respondent moved an application in the Nagar Palika for mutating her name and when plaintiff-appellant came to know about the said application, he inquired about the said application and came to know that a sale-deed has been executed on 6.11.1970 in favour of defendant-respondent Smt. Shanti Devi. The said sale-deed is alleged to have been executed by an impostor and so the plaintiff-appellant filed Suit for cancellation of the sale-deed alongwith the eviction and damages.

(3.) Written statement was filed in the Suit and parties led their evidence before the Trial Court. The Trial Court after considering the material on record dismissed the said Suit vide judgment and decree dated 24.3.1998. Feeling aggrieved with the said judgment and decree Regular Civil Appeal No. 21 of 1998 was filed and the Appellate Court after considering the material on record remanded the matter to the Trial Court for deciding the case afresh after taking into consideration the observations made in the body of judgment and after hearing both the parties, hence this appeal.