Yatindra Singh, J. - (1.) Property is one of the causes of family feauds--greed is another. Dispute among the family members in this case is perhaps because of both. This is how it has come about. The facts
(2.) Abdul Samad is the common ancestor. He had four sons : three of them are Abdul Rasheed. Abdul Hameed and Abdul Sattar (the appellants) and Abdul Majeed is fourth one. Abdul Majeed has five sons (the contesting respondents). Abdul Samad and his son Abdul Majeed were co-tenure holders in plot No. 79 (area 5 biswa) of village Tanda. They together executed a sale deed dated 3.7.1969 (Ex. 16) of this property for Rs. 1.500 in favour of one Abdul Majid--a stranger to the family. (Abdul Majid is different person than Abdul Majeed may not be confused with him.) Abdul Samad was apart from other properties, exclusive owner of plot No. 168 (area 9 bigha 9 biswa) of village Muradpur. He also executed a second sale deed (Ex. 1) on the same day, i.e., 3.7.1969 of this property for Rs. 10,000 in favour of the contesting respondents--his grandsons from his son Abdul Majeed.
(3.) Abdul Samad filed the present suit on 28.8.1969 against the contesting respondents for cancellation of the sale deed in their favour. The Plaint allegations are that: * Abdul Samad is 85 years old and is infirm. He was living with his son Abdul Majeed and the contesting respondents at the time of the impugned sale deed ; * The contesting respondents and their father Abdul Majeed were in position of his active confidence and dominate his will ; * They have obtained the impugned sale-deed (Ex. 1) by committing fraud on him and no consideration was given to him. Abdul Samad, however, did not challenge the other sale deed of the same day in favour of Abdul Majeed.;