SAHAB DEEN Vs. KESHAV PRASAD

JUDGEMENT

(1.) Heard, Shri Angrej Nath Shukla, learned counsel for the appellant and Shri Mohammad Arif khan, learned Senior Advocate assisted by Shri Ram Dev Tiwari, learned counsel for the respondents.

(2.) This second appeal has been filed for setting aside the judgment and decree dated 27.01.2017 passed in Regular Civil Appeal No.27 of 2014 by the learned Additional District Judge / Special Judge (A.P.) CBI, Lucknow as well as the judgment and decree dated 18.10.2002 passed in Regular Suit No.64 of 1999 (Sahab Deen Vs. Keshav Prasad and Others) by the learned Civil Judge, (J.D), Hawali, Lucknow

(3.) The brief facts of the case are that the land in question i.e. gata no.216 having an area of 9 Bigha, 12 Biswa, 9 Biswansi situated in Village- Bhaisora, Pargana, Tehsil and District- Lucknow was purchased by the appellant / plaintiff from his father-in-law on 21.02.1998. Thereafter he instituted a case for mutation before the Tehsil. His father-in-law, under the influence of his other son-in-laws, demanded additional money. When the appellant / plaintiff showed his inability to pay the additional money, the brother-in-laws of the appellant / plaintiff i.e. the son-in-laws of his father-in-law namely Ram Nath, Juggi Lal and Suresh filed a forged objection putting his thumb impression. The respondent / defendants no.1 and 2 had also filed objection in the court of Naib Tehsildar on the ground that the father-in-law of the appellant / plaintiff has entered into an agreement for sale with them. The appellant / plaintiff has no knowledge about the alleged agreement. The father-in-law of the appellant / plaintiff, who is a member of scheduled tribes, also could not sell the land in question to the respondent / defendants no.1 and 2 who are not member of scheduled tribes under Section 157 (B) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The respondent / defendants no.1 and 2 had also filed a Regular Suit No.828 of 1998 in the court of Civil Judge, Junior Division- Hawali against the father-in-law of the appellant / plaintiff for cancellation of sale deed.