GAJRANI Vs. GAJRAMI

JUDGEMENT

(1.) Heard Sri D.C.Mukharjee, learned counsel for the appellant Sri R. K. Srivastava, learned counsel for the respondents and perused the record.

(2.) Facts, in brief, are that the plaintiff/appellants filed a suit No. 239 of 1971 in the court of Munsif Hardoi for cancellation of sale deed and permanent injunction on the ground that appellants are co-owners of the house in suit alongwith defendant no.3 in joint possession since the time of their ancestors. Besides the house , they are co- tenure holders of the agriculture land . However, the name of defendants no.3 was recorded as a tenure holder in the revenue record in regard to plot no.982 in representative capacity . Inspite of this, the plaintiffs continued in joint possession alongwith defendant no.3 . It is further pleaded that the defendants no. 1 and 2 , who are the daughters of defendant no.3 have prevailed upon him and have got executed sale deed dated 15.9.1966 regarding agriculture land and the house in suit by exercising undue influence and without consideration . The defendant no.3 had no right to execute the sale deed as there was no partition and the plaintiffs are in the joint possession over it, dismissed by means of judgment and decree dated 29.7.1977 passed by Munsif West , District Hardoi , challenged by way of Civil Appeal registered as Civil Appeal No. 133 of 1977, dismissed vide judgment and decree dated 11.12.1979 passed by IIIrd additional District Judge, Hardoi.

(3.) In view of the above said factual backgrounds the present appeal has been filed by the plaintiffs/ appellants .