AMBIKA PRASAD BAKSHI Vs. ONKAR PRASAD SAINI

JUDGEMENT

(1.) Being aggrieved by the order dated March 20, 2003, passed by the learned single Judge, in Writ Petition No. 5498/2000, appellants have filed this Letters Patent Appeal under Clause 10 of the Letters Patent.

(2.) The brief resume of the facts required to be stated for disposal of this appeal is as follows :--

(3.) The defendants pleaded that the sale-deed in favour of the plaintiff dated 3-11-1958 is a fictitious and sham transaction which was not meant to be acted upon. It was only a collusive transaction. Gokul Prasad, having lost the civil suit preferred Civil Appeal No. 68-A/64 which was dismissed vide judgment and decree dated 9-9-1965 and thereby the judgment and decree of the trial Court was confirmed.