BANWARI LAL Vs. GANGA PRASAD AND ANR.

JUDGEMENT

(1.) THIS is a Defendant's appeal arising out of a suit for a declaration that the sale deed dated 18 -6 -1955 executed by the second Defendant Smt, Kishan Dei in favour of the first Defendant Banwari Lal is ineffective and null and void as against the Plaintiff -Respondent Ganga Prasad.

(2.) IT was alleged by the Plaintiff that one Mool Chand owned the property in dispute. He had executed a registered will in favour of his wife Smt. Kishan Dei and Ganga Prasad in which Kishan Dei was given a life estate and Ganga Prasad was to get the property after the death of Kishan Dei. Mool Chand died in March, 1952. It was alleged that Banwari Lal obtained the aforesaid deed of sale by fraud and misrepresentation of facts from Smt. Kishan Dei. The Plaintiff, therefore, instituted the suit in appeal.

(3.) THE trial court dismissed the suit, but its decision was set aside in appeal by the lower appellate court. The Defendant has come in appeal to this Court.