HARDWAR Vs. KULWANTA

JUDGEMENT

(1.) Heard Sri P.N.Tripathi, learned counsel for the appellant and Sri V.K.Dwivedi, learned counsel for the respondents.

(2.) This is defendant's second appeal. The plaintiff Smt. Kulwant (now deceased and substituted by her legal heirs) instituted Original Suit No.165 of 1976 for cancellation of sale deed dated 17.9.1974. The sale deed was executed by Bansi, husband of plaintiff in favour of defendant-appellant no.1 Haridwar, who is the nephew of Bansi being son of Bansi's brother Bheekha. Bansi and Bheekha were the two sons of one Durbali. They were co-bhumidhars of agricultural plots no.83 measuring 4-19-1 and 129 measuring 0-7-14, situated at village Barkuiya, Pargana Basti (east of the district Basti). They were also joint owners of the house detailed under schedule B of the plaint. After the death of Bheekha, his son Haridwar defendant no.1 became co-owner and co-bhumidhar with Bansi.

(3.) Sri P.N.Tripathi, Advocate stated at the Bar that Bansi was elder to Bheekha. Bansi had no male issue and Smt. Dhanpati is the sole daughter married with Ram Raj, resident of Village Paraspur Dubauli.