DHIRAJ SINGH Vs. SRIPAL SINGH

JUDGEMENT

(1.) THIS is plaintiffs second appeal. Plaintiff filed Original Suit No. 225 of 1971 on 27-6-1971 through his guardian namely maternal uncle for cancellation of the sale deed dated 23-11-1975 said to have been executed, by his father Hanuman Prasad where by the share of minor Dhiraj in the joint Hindu Family was transferred to one Sri Pal. During the pendency of the suit the plaintiff attained majority and has perused the suit himself. In the plaint allegations it is stated that the sale was contrary to the interest of minor and therefore, liable to be set aside. The defendants Sri Pal filed a written statement and the case set up by the plaintiff was contested. However subsequently an amendment application was filed wherein it was suggested that Hanuman Prasad was the rightful owner of the property and the sale deed executed in the name of Dhiraj was Benami. The Trial Court decreed the suit vide judgment and order dated 22-7-1976.

(2.) NOT being satisfied by the judgment and decree of the Trial Court the defendants filed Appeal before the District Judge, Banda. The appeal has been allowed and the judgment and decree of the Trial Court has been set aside. Hence this second appeal.

(3.) I have heard Shri V.K.S. Chowdhary, Senior Advocate assisted by Shri G C. Tiwari, Advocate. Nobody is present on behalf of the defendant respondents even in the revised reading of the cause list.