B.K.Rathi, J. - (1.) This second appeal has been filed against the judgment and decree dated 29.8.2000 passed by XIIIth Additional District Judge. Allahabad in Civil Appeal No. 88 of 1998. The facts giving rise to this appeal are as follows :
(2.) The suit was filed by the respondent No. 1 against the appellant and other respondents for the relief of declaration and cancellation of sale deed dated 20.2.1981 registered on 5.6.1981 executed by the respondent No. 4 in favour of the appellant regarding house No. 262 (New), 247 (Old) situated in Dondipur and house No. 150 Johnstonganj. Allahabad. In brief the facts of the case are as follows : "One Abdul Khaliq had two sons, namely, Abdul Sadiq and Abdul Mazeed. The respondent No. 1 is the wife of Abdul Mazeed. Maqbool Alam was son of Abdul Sadiq. It is alleged by the plaintiff that Abdul Sadiq remained in India during his life time and died on 3.1.1961. Maqbool Alam along with his family migrated to Pakistan in the year 1951 and died in Pakistan in the year 1980, That Abdul Sadiq was living with his brother Abdul Mazeed. His family having been migrated to Pakistan, he gifted the house in dispute to his brother Abdul Mazeed on 1.12.1960. A memo in writing regarding it was prepared on 1.1.1961, Abdul Mazeed gifted this house to his wife plaintiff on 12.5.1974, That, therefore, the plaintiff/respondent No. 1 is the owner of the house.
(3.) That a collusive sale deed dated 20.2.1981 has been obtained by the appellant from District Magistrate, Allahabad, mentioning that the house is enemy property. That this house was never vested in the custodian and was not an enemy property. That the respondent No, 1 is the owner of the same and District Magistrate, Allahabad, has no right to execute the sale deed. That mutation was also done in favour of the respondent No. 1. Therefore, the suit was filed.;