RAM KISHOR Vs. CHHUNNI SINGH

JUDGEMENT

(1.) Heard counsel for the appellant and perused the record.

(2.) The pedigree of parties is admitted facts. Ratan Singh, Kamod Singh and Smt. Shyama are the real brothers and sister. Shanti Devi (defendant no. 2) is wife of Ratan Singh. Plaintiff Ram Kishor is son of Kamod Singh and defendant no. 1 Chunni Singh is son of Smt. Shyama w/o Mehraban Singh. It is also admitted that registered sale deed dated 15.9.2003 was executed by Shanti Devi after death of her husband in favour of defendant no. 1 Chunni Singh, then plaintiff Ram Kishor has filed O.S No. 225 of 2003 pleaded that Ratan Singh was original owner of disputed agricultural property, and he had executed will deed dated 24.2.1998 in favour of plaintiff. Therefore after death of Ratan Singh, plaintiff became owner of disputed property and Shanti Devi widow of Ratan Singh had no right to execute sale deed in question in favour of defendant no. 1. On these facts he has filed suit for cancellation of sale deed and for permanent injunction relating to the disputed property.

(3.) In written statement, defendant no. 1 pleaded himself to be the owner of disputed agricultural property on the basis of allegedly valid registered sale deed dated 15.9.2003 executed by defendant no. 2 Shanti Devi for proper consideration.