KAILASHO Vs. ANANDI DEVI

JUDGEMENT

(1.) Heard Shri Manoj Misra, learned counsel for appellant. No one appears for the respondent.

(2.) This second appeal arises out of OS 59 of 1972 for cancellation of the sale deed dated 6-3-1972, executed by defendant No. 3 in favour of defendant Nos. 1 and 2, in the court of Munsif, Bisauli District Budaun. The suit was dismissed on 26-8-1976. The Civil Appeal No. 92 of 1976 filed by the plaintiff was allowed on 22-3-1977 and the suit for cancellation of sale deed was decreed.

(3.) Briefly stated that facts given in the plaint are that the disputed land was recorded as hereditary tenancy of Shri Prem Raj. His first wife Bhaggo died leaving Smt. Anandi as her daughter, who married Shanker Lal of Village Jasopur. The defendant Nos. 2 to 6 are her children. After the death of Bhaggo, Prem Raj married Katori. Smt. Katori executed two sale deeds in respect of agricultural plots in favour of her daughter Smt. Kailaso and her husband Badam Singh-defendant No. 2. The sale deed were not registered the date the suit was filed. The registration number of the sale deeds was given in the plaint by an amendment. The first sale deed was for Rs. 2000/- in respect of two plots with an area of 5 bighas 2 biswas and 5 biswansi and the second for Rs. 7000/-in respect of two plots with an area of 7 bigha 14 biswas 15 biswansi. The plaintiff Anandi claimed that both the sale deeds were fraudulent and were liable to be cancelled. They were fictitious and were executed without any sale consideration.