JAIDEO YADAV Vs. RAGHUNATH YADAV

JUDGEMENT

(1.) THIS second appeal has been filed by plaintiffs -respondents 1st Set -appellants challenging the judgment and decree of the learned court of appeal below.

(2.) THE matter arises out of Title Suit No. 118 of 1986 (277/1988) which was filed by the plaintiffs for the following reliefs: ''

(3.) THE defendants appeared in the suit and filed their written statement admitting execution of sale deed dated 9.2.1978 (Ext. - 1) in favour of the plaintiffs, but claiming that full amount was not paid and balance was to be paid later, but when the same was not paid the said sale deed was cancelled by the deed of cancellation dated 16.11.1978 (Ext.A). It was also claimed that the plaintiffs had full knowledge of Ext. -A, but did not take any step for several years. It was also averred that in the year 1986, defendant no.1 and defendant no.2 intended to exchange their lands and hence defendant no.1 executed a deed of gift (Ext. -B) of the suit land in favour of defendant no.2, whereas defendant no.2 executed a deed of sale of his land in favour of defendant no.1, both dated 15.5.1986 (Exts. -B and 1/B). Hence, it was stated that the plaintiffs had no cause of action for the suit as the deed of cancellation was legal, valid and proper and was legally given effect to.