SIYARAM SAXENA Vs. BISHAMBHAR DAYAL SAXENA AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellant, on point of admission of this second appeal and perused the records.

(2.) Original Suit No. 26/2010 was filed for cancellation of sale-deed executed by defendant no.-2 in favour of defendant no.-3 and for the relief of permanent injunction against the defendants for the property involved in the aforesaid sale-deed.

(3.) The plaint case in brief was that plaintiff had purchased disputed property in benami transaction in the name of his brother (defendant no.-2) on 15.07.1981, but consideration total paid at the time of purchased of said property was by plaintiff. Therefore plaintiff is owner of disputed property, and the defendant had no right to execute the sale-deed of the same. But the defendant no.-2 had executed sale-deed in favour to defendant no.-3; so the plaintiff has sought relief cancellation of said sale dated 04.10.2002 and for permanent injunction.