RAMESH CHAND Vs. SANT RAM

JUDGEMENT

(1.) Heard Sri S.S. Senger, learned counsel for the appellant and Sri S.K. Srivastava, learned counsel for the respondents.

(2.) This second appeal has been filed by the plaintiff-appellants being aggrieved by judgment and decree dated 31.7.1999 passed by the II Additional District Judge, Kanpur Dehat in Civil Appeal No. 69 of 1995 (Sant Ram VS. Pooran and others) setting aside the judgment and order dated 7.2.1995 passed by the court of learned II Additional Civil Judge, Kanpur Dehat in Original Suit No. 256 of 1999 (Durga Vs. Sant Ram) vide judgment and order dated 7.2.1995.

(3.) Brief facts leading to the present second appeal are that Durga from whom plaintiff-appellants are claiming their rights was owner of 4 bigha 18 biswa 17 biswansee of land contained in Survey No. 1243 at village Pem, Pargana Bilhaur, district Kanpur Dehat. This was the only piece of land available with the deceased Durga and he was an old, sick and illiterate person. Step brother of plaintiff Durga namely Pooran Lal is maternal uncle of defendant - Sant Ram and the allegation is that Sant Ram in the name of getting a loan sanctioned for the purpose of Govt. engine had taken to plaintiff Durga to Bilhaur on 11.10.1989 where his photographs were clicked and in the name of completing proceedings for obtaining loan, the said forged sale deed was executed, in collusion of Pooran Lal.