Shishir Kumar, J. - (1.) HEARD learned Counsel for Appellants.
(2.) THIS is a Plaintiffs' second appeal arising out of suit for cancellation of sale deed executed by the mother of Plaintiffs in favour of Respondent No. 3. Allegations made in the plaint was that this property belongs to one Deep Narain. Smt. Phoolmati Devi is the mother of Plaintiffs. Allegation was made that as there was no son to Sri Deep Narain, therefore, during his life time will was executed on 12.10.1987 in favour of mother Smt.Phoolmati to the effect that during her life time she will enjoy the property and after her death, property will devolve equally having 1/4th share among all four daughters. Therefore, Smt. Phoolmati was having no right to execute sale deed and if any sale deed was executed i.e. void and illegal. Defendant after receipt of notice of the suit filed their written statement denying allegations made, stating therein that Deep Narain, husband of Smt. Phoolmati during his life time married two daughters but daughter Asha could not be married and after death of Sri Deep Narain, Asha was married. As after death of Deep Narain, Smt. Phoolmati was not being maintained by the daughters properly, as such, sale deed was executed in favour of Defendant after receipt of proper amount.
(3.) TRIAL court has framed various issues and one of the issues was whether sale deeds dated 3.3.1997 and 9.12.1997 are liable to be cancelled and whether Smt. Phoolmati can execute sale deed in favour of Defendant. On behalf of Plaintiffs, copy of sale deed, will dated 12.10.1987 and death certificate of Deep Narain were produced. On behalf of Defendant D.W.1 Smt. Usha Devi w/o Ram Prasad, DW -2 Smt. Phoolmati w/o Sri Deep Narain and D.W. -3 Sri Lalji have been examined. Trial court after considering Issue No. 1 has recorded a finding that as on 12.10.1987 a will was executed, therefore, Smt. Phoolmati was not having any right to execute sale deed during her life time. After recording such finding, trial court has decreed the suit vide its judgment and order dated 5.4.2008.;