S.N.Srivastava, J. - (1.) The above two second appeals have been preferred by the appellants- one bearing Second Appeal No. 1141 of 1999 has been preferred impugning the judgment and decree dated 30.8.1999 passed in Civil Appeal No. 69 of 1993 arising out of Suit No. 182 of 1989 while the other second appeal bearing No. 1142 of 1999 focuses challenge on judgment and decree dated 30.8.1999 rendered in Civil Appeal No. 16 of 1993 arising out of suit No. 147 of 1989. Since dispute in both the appeals relate to one and the same property both the appeals were interknit together for hearing and disposal.
(2.) The facts forming background to the above appeals may be short-listed. One Karan Singh, the grand-father of the plaintiff appellant who was an affluent Zamindar of the Area, had tied nuptial knots with two women-one Smt. Ram Pyari and the other, Mst. Ram Dei and during his lifetime, he had executed a gift deed dated 8.2.1947 bequeathing certain property to persons including Mst. Ram Dei, Smt. Ram Pyari, Raghubir and Raghuraj Singh. The dispute arose consequent upon execution of sale deed by Mst. Ram Dei on 7.5.1988 pertaining to Khata No. 214 and Khasra No. 55 admeasuring 4.86 acres in favour of defendants 2 to 4. The sale deed, it would appear, was executed on a consideration of Rs. 92000/-. The other sale deed was executed on 7.12.1988 against property comprising in Khasra No. 118 of Khata No. 214 admeasuring 6.69 acres in favour of defendants 5 to 7. The plaintiff instituted suit aforestated seeking the relief of declaration that sale deeds executed by Ram Dei dated 7.12.1988 firstly in favour of defendants 2 to 4 and secondly in favour of 5 to 7 were null and void. According to the plaint allegations, Mst. Ram Dei was given l/3rd share ostensibly to enable' her to maintain herself; that after the gift-deed, Zamindari Abolition Act came into force; that Mst. Ram Dei came to be recorded in the revenue record alongwith other members of the family in whose favour gift deed had been executed and that reaping benefit of her name finding place in the revenue record, it is further alleged, she unjustifiably executed the sale deed though according to further allegation in the plaint, her rights and interest in the property were intended to operate only to the extent it related to her maintenance and not beyond it. It is further alleged that she cannot acquire any Bhumidhari rights and that the sale deed executed by her was a null and void.
(3.) The defendants resisted the case and confuted the allegations contending that Mst. Ram Dei was in possession over the property on the date of vesting alongwith other persons and had acquired rights under Section 18 (1) of the U.P.Z.A. & L.R. Act as Bhumidhar; that she was recorded as absolute owner and she rightly executed sale deed in favour of transferees. On the other hand, defendants-transferees also claimed benefit of Section 43 of the Transfer of Property Act.;