RAMCHANDRA Vs. BALLA SINGH

JUDGEMENT

(1.) This is a defendant's appeal directed against the decree of Shri S. K. Varma, learned III Addl. District Judge, Shahjahanpur dt. 24-8-1974 in civil appeal No. 32 of 1973, by which learned appellate Court dismissed the said appeal and affirmed the judgment and decree recorded by Sri B. K. Sharma, learned Civil Judge, Shahjahanpur on 26-4-1973 in Suit No. 308 of 1969. Civil Judge decreed the suit with costs. The following pedigree which was not controverted before me shall be helpful to appreciate the points involved.

(2.) Thus the plaintiffs and defendant 1 are interrelated. Defendant No. 1 is the vendor and defendant 2 is the main contesting defendant Ram Chandra vendee.

(3.) The suit was filed on 1-9-1969. Relief sought was for cancellation of the sale deed dt. 15-10-1968 executed by defendant 1 in favour of defendant No. 2 about the disputed house detailed at the foot of the plaint.