RAJ DUTT Vs. NAGESHWAR

JUDGEMENT

(1.) Heard Sri U.S. Sahai, learned counsel for the appellants and Sri Q.M. Haque, learned counsel for the respondents.

(2.) By this common judgment, I will decide two appeals bearing Second Appeal No.50 of 2002 and Second Appeal No.51 of 2002 as both the appeals are against common judgment dated 28.11.2001, both the appeals are between the same parties and involve similar question of law.

(3.) The brief facts of Second Appeal No.50 of 2002 are that the appellants (plaintiffs in the original suit) filed a suit bearing Original Suit No.488 of 1990 for cancellation of the sale deed dated 02.02.1990 executed by Smt. Arti Devi in favour of the respondents/defendants which was registered on 21.03.1990. The case of the appellants/plaintiffs was that Sri Ram Bharose was owner of agricultural land in Gata No.124/0-50 and Gata No.130-sa/0-50 situated at Village Nurpur, Pargana Pahadpur, Tehsil Karnailganj, Gonda. The genealogical tree of the family of appellant is as under:-