SHESH NARAINPANDEY Vs. RAJ KISHORI

JUDGEMENT

(1.) HEARD Mohd. Arif Khan, Senior Advocate assisted by Mohd. Aslam Khan, learned counsel for the appellants and Sri Madhur Kant Srivastava, learned counsel for the respondent.

(2.) THIS second appeal has been preferred by the appellants against the judgment and decree dated 19.8.1980 passed in Regular Civil Appeal No. 63 of 1979 confirming the judgment and decree dated 31.3.1979 in original suit no. 21 of 1978 by which the plaintiffs suit for cancellation of sale deed executed by Ranchor Tikam Nanth in favour of defendant no.1 and 2 in respect of house in suit and also for permanent injunction restraining the defendants from interfering with the plaintiff's possession over the House No. 1 and 2 situated in Mohalla - Chaudharana of town area Jais, Pargana Rokha, District Rae Bareli and shown by letter BDC PEF in the Commissioner's map of paper no. 32 C 2 was decreed.

(3.) ORIGINAL suit no. 21 of 1978 was filed by Smt. Raj Kishori and against Shesh Narain Pandey, Vyas Narain and Ram Samujh for cancellation of sale deed executed by Ranchor Tikam Nath in favour of Shesh Narain Pandey and Vyas Narain dated 4.11.1976 and for permanent injunction against the defendants directing them not to interfere in the possession of the plaintiff over the house in suit. It has been mentioned in the plaint that Gokul Prasad had two sons Vishesh Dayal and Gaya Prasad. Vishesh Dayal has one son Vishwanath Prasad, Vishwanath Prasad had two issues, one son and one daughter Gurudin and Raj Kishori. Gaya Prasad had one son Sheonath Prasad and Sheonath Prasad had three sons Ranchor Tikam Nath, Tribhuwan Nath and Shashi Bhushan Nath. It has been alleged that Vishwanath Prasad was the owner of the disputed house and he died issueless. So, Gurudin became the owner and heir. Gurudin was issueless and after his death Smt. Raj Kishori inherited the house as heir of the Gurudin. This is shown with the letters BDC PEF and the boundaries are east of the house of Devi Prasad and Shyam Kishor. West sahan Makan afterwards road, north lane after that wheat mill and Fulwari of Naresh Chand and on south hosue of Vishwanath Prasad in possession of Ram Kalap Pandey.