MARKANDEY SARDAR Vs. GIRIJA PRASAD

JUDGEMENT

(1.) -Heard Shri R. N. Singh, senior advocate assisted by Shri V. N. Singh for appellant and Shri Sankatha Rai for respondents.

(2.) THE Second Appeal arises out of suit for cancellation of sale deed dated 16.4.1969 and perpetual injunction over plot No. 145/1 area 2.53 decimal situate in village Katesar Pargana Ralhupur, district Varanasi, executed by defendant No. 2 in favour of defendant No. 1. THE suit was decreed with the declaration that the sale is not binding on the plaintiff. THE suit for perpetual injunction, however, was dismissed.

(3.) PLAINTIFF's father filed Suit No. 13 of 1955 in the court of Munsif, Havali, Varanasi against Sukhdeo Khatik. A receiver was going to be appointed at the instance of defendant, on which, their father withdrew the suit with permission to file a fresh suit. Defendant No. 2 had no concern with the grove. The name of Sukhdeo Khatik was expunged and the name of plaintiffs were recorded on the grove. The defendant No. 2 and his heirs also got their name mutated on the grove with the connivance of Lekhpal and that thereafter defendant 2 executed a sale deed dated 16.4.1969 in favour of Markanday Sardar-defendant No. 1, of the half share of the grove. He took forcible possession of the portion. The sale was alleged to be illegal. The plaintiff further alleged that sale deed was forged, without consideration and that no partition as mentioned in the sale deed had taken place.