K.S.Rakhra, J. - (1.) This is defendant's second appeal against the judgment and decree dated 28.3.1987 passed by IInd Additional District Judge, Faizabad in Civil Appeal No. 301 of 1982 by which the decree dated 15.7.1982 of the trial court in Regular Suit No. 256 of 1981, Abdul Wahid and Ors. v. Iqbal Ahmed was reversed.
(2.) The substantial questions of law on which the appeal has been pressed and the learned counsel for the parties have addressed the Court are following : (1) Whether the burden to prove that the sale deed was liable to be cancelled for the ground given in the plaint was on the plaintiff and whether the same was shifted to the defendants in this case. (2) Whether adverse inference could be drawn against the defendant in the present case because he had failed to produce before the Court the original sale deed.
(3.) The suit of the plaintiff was for cancellation of sale - deed dated 25.8.1981, which is said to have been executed by plaintiff No. 1 Abdul Wahid in favour of defendant Iqbal Ahmed. The challenge to the sale deed was inter alia on the ground that no sale deed was executed by plaintiff No. 1 and the same has been forged presenting an imposter before the sub-registrar. It was further challenged on the ground of want of consideration, inadequacy of consideration, fraud, undue influence, unsound mind and the illness of the plaintiff No. 1. The defendant is the son of the real sister of the plaintiff No. 1.;