Hon'ble Sibghat Ullah Khan, J. - (1.) HEARD Learned Counsel for the appellants and Sri Rajeev Tiwari, Learned Counsel, who has appeared for respondent no. 1 through caveat at the admission stage.
(2.) THIS is plaintiffs' second appeal arising out of O.S. No. 50 of 2000 which was filed by Smt. Suman Siya -respondent no. 3, Smt. Seema Devi and Rajesh Babu appellants against Anil Mishra and Ram Babu respondent nos. 1 and 2. The suit was filed for cancellation of sale deed dated 05.02.2000 executed by defendant no. 2 Ram Babu in favour of defendant no. 1 -Anil Mishra of 1/3rd share in the agricultural land. The following pedigree is relevant to appreciate the controversy: - The case of the plaintiffs was that firstly Ram Sewak had sold his half property to plaintiff no. 1/respondent no. 2 Smt. Suman Siya on 17.05.1991 and secondly Ram Sewak on 15.01.2000 (two days before his death) had executed an unregistered will of remaining land in favour of plaintiff -respondent nos. 2 and 3. The defendants -respondents denied both the deeds.
(3.) THE trial court/ Additional Civil Judge (Junior Division) Chhibramau, District Kannauj decreed the entire suit holding that the sale deed dated 17.05.1991 and will dated 15.01.2000 were quite valid. The suit was decreed on 24.07.2010 and sale deed dated 05.02.2000 was cancelled in its entirety. Against the decree passed by the trial court, Anil Mishra -defendant no. 1 in whose favour disputed sale deed dated 05.02.2000 had been executed filed Civil Appeal No. 41 of 2010.;