CHANDRA PAL Vs. GOVIND RAM

JUDGEMENT

(1.) Heard Sri D.P. Singh, learned Senior Advocate, assisted by Sri Anshu Chaudhary, Advocate, for appellants and Sri J.S. Baghel, Advocate, for respondents.

(2.) This is defendants' appeal under Section 100 Code of Civil Procedure arising from judgment and decree dated 07.10.1982 passed by Sri P.C. Agarwal, 4th Additional District Judge, Etah whereby appeal has been allowed and judgment and decree dated 26.02.1981 passed by Sri K.D. Srivastava, First Additional Munsif, Kasganj, Etah in Original Suit No. 93 of 1973, whereby suit was dismissed, has been set aside.

(3.) Govind Ram and Mitthu Lal, two brothers, and sons of Mordhwaj instituted Original Suit No. 93 of 1973 vide Plaint dated 05.04.1973 in the Court of Munsif, Kasganj impleading Smt. Moorti widow of Bhumiraj as defendant-1, and Talewar and Sri Pal, sons of Chhadami, as defendant no. 2 and 3, seeking a permanent injunction against defendants restraining them from executing any sale-deed of Arazi No. 168/1-46, 196/1-19, 102/0-09, 103/0-08, 143/0-16. Subsequently amendment was made in the Plaint seeking a declaration that sale-deed dated 26.04.1973 is forged and fictitious and does not confer any right upon Transferee.