- (1.) HEARD Sri G.S. Nigam, learned counsel for the appellants , Sri Rajesh Singh Chauhan, learned counsel for the respondents and perused the record.
(2.) FACTS , in brief, of the present case are that the land recorded as Bhoomi Sankhya 554( Old no. 273 Rakba 0.18 and no. 274 Minjumla Rakba 2.2.5, total area 2.3.13) belongs to one Smt. Kailasha Devi.
(3.) SUBSEQUENTLY , some portion of the land situated at village Lalganj District Raibareli has been acquired by Public Works Department , Raibareli for construction of Lalganj - Fathpur road. On 28.11.1979 compensation paid to Smt. Kailasha Devi. Thereafter Smt. Kailasha Dev widow of Sri Rameshwar executed on 31.12.1980 in favour of Sri Tung Nath and Chandra Nath sons of Swamidin. In addition to above said facts, certain land which belongs to Smt. Kailasha Devi, as per version of the appellants in respect to the same , a sale -deed has been executed by her daughter Dhana Devi on 27.12.1991 in favour of Shiv Pal Singh . In view of the said factual background , Tung Nath and Chandra Nath filed a suit for cancellation of sale deed dated 27.12.1991, registered as Regular Suit No. 417 of of 1993 executed in favour of Shiv Pal Singh by Dhana Devi daughter of Smt. Kailasha.;