LAL CHAND Vs. ATWARI

JUDGEMENT

(1.) -Heard Shri G. N. Verma, learned counsel for the appellants.

(2.) THIS second appeal arises out of judgment and decree passed by IVth Additional Munsif, Varanasi in Suit No. 721 of 1970, Lal Chand and others v. Mst. Atwari and others dated 27.1.1973, dismissing the suit for cancellation of sale deed dated 24.7.1967, executed by Jagarnath, defendant No. 2 in favour of Mst. Atwari, defendant No. 1. The plaintiffs also sought a relief that if it was found that they are not in possession, the possession of the disputed plot be given to them. The Civil Appeal No. 83 of 1973 were dismissed by Ist Additional Civil Judge, Varanasi on 19.9.1975, confirming the judgment of the trial court.

(3.) THE trial court held that the sale deed is not liable to be cancelled. THE defendant No. 1 did not practise any undue influence over defendant No. 2. THE civil court has jurisdiction to try the suit for cancellation of sale deed. Shri Raja and Beepath, the other two sons of Mangroo the uncle of the plaintiffs were found to be necessary party and impleaded as defendant Nos. 3 and 4. THE suit was dismissed.