MOTI LAL & ORS. Vs. KEDARNATH & ORS.

JUDGEMENT

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

(2.) Original Suit No. 437/1985 was filed for the reliefs of partition, cancellation of sale-deed executed by Ganga Jali w/o Baij Nath (mother of plaintiff, defendants no. 2 & 3, and the grand-mother of defendants no 3 ro 7) in favour of defendant no.-8 and for the relief of permanent injunction for the property involved in the aforesaid sale-deed.

(3.) The relationship between parties is admitted that Baij Nath and his wife Ganga Jali had four sons Hajari Lal (plaintiff), Kedar Nath (defendant no.-1), Bachchu Lal (defendant no.-2), late Mewa Lal (father of defendants no. 3 to 7). They also had two daughters (Prabhawati & Hirawati). Admittedly Smt. Vimla (defendant no.-8) is wife of defendant no.-1. Smt. Prabhawati (defendant no.-9) is wife of defendant no.-5.