Sibghat Ullah Khan, J. - (1.) HEARD Shri H.N. Sharma, learned Counsel for the Appellant and Shri N.C. Rajvanshi, learned Senior Counsel assisted by Shri R.C. Dwivedi, learned Counsel for the Respondents at the admission stage.
(2.) THIS is Plaintiff's second appeal. Original Suit No. 205 of 2002 instituted by Plaintiff -Appellant against Defendants -Respondents for cancellation of a sale deed was decreed on 12.10.2006 by Civil Judge (J.D.), Chitrakoot and the sale deed executed on 24.9.2001 and registered on 26.9.2001 was cancelled. Against the said judgment and decree Defendant -Respondent No. 1 -Smt. Rekha Mani who is wife of Appellant, filed Civil Appeal No. 66 of 2006. The appeal was allowed on 15.1.2009 by Additional District Judge, Court No. 3, Chitrakoot, judgment and decree passed by the Trial Court was set aside and the Suit for cancellation of the Sale deed was dismissed. Plaintiff - Sangam Lal is son of Defendant -Respondent No. 2 - Ram Ashrey Shukla and husband of Defendant Respondent No. 1 - Rekha Mani. The sale deed in question had been executed by Sri Ram Ashrey Shukla father of the Plaintiff Appellant in favour of Smt. Rekha Mani who is second wife of Sangam Lal, Plaintiff i.e. daughter -in -law of Ram Ashrey Shukla the executant of the sale deed.
(3.) THE property sold was agricultural land. One of the grounds of challenge was that the property was ancestral hence Plaintiff had also share therein and in oral partition it had come in his exclusive share. In agricultural land of the father, son has got No. right in Uttar Pradesh. The nature of interest/right and manner of inheritance for agricultural lands is governed in Uttar Pradesh by U.P. Zamindari Abolition and Land Reforms Act and principles of Hindu Law or Muslim Law do not apply in this regard. Father of Plaintiff -Appellant is still alive and is Defendant -Respondent No. 2 in this Second Appeal. The sale deed was sought to be cancelled on the ground of coercion et cetra also.;