SHARDA Vs. SONIA AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties on point of admission of second appeal and perused the records. During hearing it was found that this matter may be decided at this stage, therefore it is accordingly decided.

(2.) It is admitted between the parties that plaintiff Sharda was real brother of Late Satya Narain. It is also admitted that Satya Narain was exclusive owner of disputed agricultural property. It is also admitted that the name of Sonia (defendant no.-1) was entered in family register of the village as wife of late Satya Narain, but later on this entry was struck-off. Admittedly Sonia claims herself to be the widow of Satya Narain. It is also admitted fact that defendant no.-1 Sonia had executed registered sale-deed dated 19.09.1996 of disputed agricultural property in favour of defendant no.-2 whose name has been mutated over this property in revenue records.

(3.) The plaintiff Sharda had filed suit for cancellation of registered sale-deed dated 19.09.1996 executed by defendant no.-1 Sonia in favour of defendant no.-2 on ground that Sonia was never married with his brother Satya Narain, and the sale-deed in question was fraudulently executed by showing defendant no.-1 as widow of Satya Narain, which is liable to be cancelled.