RAM GOPAL Vs. KISHORI LAL

JUDGEMENT

(1.) Heard Sri S. N. Tripathi, learned counsel for the appellant and Sri M. C. Singh, learned counsel for the respondent.

(2.) This is defendant's second appeal against judgment and decree dated 21.01.1987 passed by Sri S.N. Prasad, First Additional District Judge, Bulandshahr in Civil Appeal No. 429 of 1980 whereby the judgment and decree dated 07.08.1980 passed by Sri Jagdish Prasad, Munsif, Khurja, District Bulandshahr in Original Suit No. 231 of 1978 has been set aside and the suit of the plaintiff has been decreed.

(3.) Plaintiff's case is that the disputed agricultural land initially belonged to Hiraman and was sir and khudkast land; that defendant No.3 is son of Hiraman and plaintiff is son of defendant No.3; that after death of Hiraman, the land in dispute became property of Joint Hindu Family comprised of defendant No.3 and the plaintiff, his son and both had half share each therein; that defendant No.3 was recorded over the land as Karta of the family; that defendant Nos. 1 and 2 fraudulently got a sale deed of the entire land executed from defendant No.3 for an absolutely insufficient sale consideration of Rs. 3,800/- when defendant No.3 had no legal necessity of executing the same and hence the suit was instituted for cancellation of the sale deed dated 05.06.1978 and for possession over the land in dispute from the defendants No. 1 and 2 along with damages for illegal use and occupation by them.