AMI CHAND PANDEY Vs. KESHAVA PRASAD SINGH

JUDGEMENT

(1.) A. B. Srivastava, J. This appeal by plaintiff under Section 100 of the Code of Civil Procedure is directed against a judg ment and decree dated 27-11-1987 of the Civil Judge, Ballia in a First Appeal, whereby setting aside the judgment and decree of the trial court he dismissed the suit of the plaintiff for cancellation of sale-deed.

(2.) SUIT No. 310 of 1992 was filed by plaintiff Ujagir Pandey against defendant-respondents Keshav Prasad and Ambika Singh, for cancellation of a sale-deed dated 18-4-1972. The original plaintiff Ujagir Pan dey having died during the pendency of the First Appeal, the present appellant Ami Chand claiming on the basis of a will, was brought on record as his legal repre sentative. The plaint allegations in the suit filed by late Ujagir Pandey were to the effect that he is the tenure- holder of the plots in suit, with a total area of 1. 65 acres in village Shankerpur,. 20 acres in village Sawan and. 90 acres in Nadauli, Pargana Kopachit Garvi, district Ballia. The defendant No. 2 Ambika Singh a resident of village Nadauli, with an evil eye on these plots, got a sale deed dated 18-4-1972 executed by an im-poster in favour of his son Keshav Prasad, defendant No. 1. The plaintiff Ujagir Pan dey neither executed nor put his signatures or thumb impression on the said sale deed, which is a fictitious document, he did not go to the Sub-Registrar's Office to get the sale deed executed nor appeared before the Sub-Registrar to acknowledge the same. No con sideration for the sale-deed was paid to him, no witness signed the same in his presence and the defendant No. 1, is employed in Armed Force was even not present at the time of the alleged sale-deed. The plaintiff continued to be in possession despite the sale-deed but since it was likely to cast cloud on his title the suit with a relief of cancella tion was filed.

(3.) ON behalf of the other side defen dant Ambika Singh (D. W 1), Lallan Pandey (D. W 2), Shri Bhagwan Pandey (D. W. 3), Surya Deo Pandey (D. W 4) were examined as witnesses of fact. Jagat Kumar the shotographer was again examined as D-W 6 to prove the negatives and the positive photographs utilised by the defendant- Ex pert M. N; Singh.