GANESH PRASAD Vs. JANG JEET SINGH

JUDGEMENT

(1.) D. S. Sinha, J. This appeal under Section 100 of the Code of Civil Procedure, 1908, is directed against the decree and judgment dated 19th March, 1991 passed by the Addl. District Judge, Jalaun at Orai in Civil Appeal No. 20 of 1990 reversing the decree and judgment of the Munsiff Jalaun, dated 5th February, 1990 rendered in Original Suit No. 12 of 1984 between the plaintiff-appellants and the defendant-respondents for cancellation of the sale-deed dated 24th January, 1983 executed by the defendant No. 2 hereinafter called the Vendor, in favour of Sri Jang Jeet Singh the defendant-Respondent No. 1, hereinafter called the Vendee, in respect of the property in dispute.

(2.) THE claim of the appellants for cancellation of the sale-deed was founded on the plea that they were the owners of 2/3rd share in the disputed property and the Vendor had no right or title to execute the sale-deed in respect of their share.

(3.) ON appeal the first appellate court reversed the decree and judg ment of the trial Court and dismissed the suit of the plaintiff-appellants. In support of its decree and judgment, the first appellate court has given following reasons: (i) that the plaintiff-appellants did not approach the court with clean hands inasmuch as they did not put forward their claim for 2/3rd share in the disputed property when they filed the suit and introduced the same by amendment in the plaint at a later stage: (ii) that the suit was collusive, there was collusion between the plaintiff-appellants and the Vendor who were real brothers; and (iii) that the trial Court decreed the suit of the plaintiff-appellants only on the admission of the Vendor in respect of the 2/3rd share of the plaintiff-appellants.