CHHEDI LAL Vs. MANIRUDDIN

JUDGEMENT

(1.) This second appeal arises out of a suit for cancellation of the two sale deeds dated 18.12.1979 and 1.2.1980 alleged to have been executed by the plaintiff Maniruddin, now deceased (represented by his heirs and legal representatives) in favour of Chhedi Lal and Smt. Kalawati respectively.

(2.) The suit was dismissed by the court of first instance but in appeal the judgement and order of the lower court has been set aside and the suit has been decreed. Therefore, the defendants have preferred this appeal.

(3.) The plaintiff Maniruddin was said to be the owner of araji No. 326 having an area of 1 acre 40 1/2 decimal. It is said that he executed two registered sale deeds 28.12.1979 and 1.2.1980 in respect of 17 1/2 decimal each in favour of Chhedi Lal defendant No. 1 and Smt. Kalawati defendant No. 2 respectively. Subsequently, Smt. Kalawati transferred the land so purchased in favour of Smt. Lilawati Devi. On 19.5.1997, the plaintiff instituted O.S. No. 346 of 1987 for cancellation of the above sale deeds alleging that he had come to know about the sale deeds only in the last month; he had not executed any of them; he was not paid any sale consideration; and the plot was under consolidation and therefore sale deeds could have been executed without the prior permission of the Settlement Officer Consolidation (in short SOC).