GANGAN SARAN Vs. KASHI PRASAD

JUDGEMENT

(1.) Heard Sri Ramesh Chandra, learned counsel for the appellant and Sri S.D. Shukla for the respondent.

(2.) The appellant was the defendant in the suit. The suit was filed by Mst. Rajpali praying for cancellation of the sale deed in respect of the property in question on the ground that the sale deed had been got executed fraudulently and by misleading the plaintiff after taking her to the Sub Registrar Office at Tehsil Harraiya, District Basti on the pretext on the payment of some compensation. The suit was dismissed by the trial court holding that the sale deed had been proved by the production of the marginal witness and had been executed for consideration. It is to be noted that the suit proceeded in the absence of original plaintiff Mst. Rajpali as she had died before the evidence was taken in the suit and she had not entered the witness box.

(3.) The respondents herein are the substituted heirs of Rajpali claiming themselves to be the natural heirs and they deposed before the court below supporting the plaint allegation. The respondents further relied on the statement given by Rajpali in the mutation proceedings that were initiated for carrying out mutation over the land in dispute. They also urged that the consideration never passed on and in such circumstances, the sale deed deserved to be cancelled.