BARFI DEVI Vs. SAHAB RAM

JUDGEMENT

(1.) This is defendant's second appeal. Plaintiff, the adopted son of defendant-appellant filed Original Suit No. 261 of 1970 for prohibitory injunction restraining his mother from interfering in his possession etc. over the disputed property. During the pendency of the suit the mother executed a sale deed dated 29.9.1970 in favour her daughter Kalawati and Ram Chandra qua the same property. Accordingly an amendment application was made and the relief for cancellation of the deed dated 29.9.1970 was added. Kalawati and Ram Chandra were impleaded as defendants No. 2 and 3. The trial court dismissed the suit vide judgment and order dated 20.8.1975.

(2.) Not being satisfied the plaintiff filed Civil Appeal No. 61 of 1975 which has been allowed vide Judgment and order dated 9.12.1976. The suit has been decreed after setting aside the judgment and order of the trial court.

(3.) Following substantial question of law was framed at the time of admission of this second appeal: