Pramod Kumar Srivastava, J. - (1.) Heard learned counsel for the parties and perused the records.
(2.) Original suit was initially filed for relief of permanent injunction. During pendency of suit relief of cancellation of sale deed dated 23.6.1998 executed by defendants-first set in favour of defendants-second set was also added.
(3.) The plaint case in brief was that from old plot no. 403, new plots no. 487-Ka and 487-Kha were carved out. Plot no. 487-Kha has been old agricultural plot of plaintiff and plot no. 487-Ka was recorded as pond in revenue records. On proposal of plaintiffs the Sub-Divisional Magistrate had passed the order dated 30.01.1999, by which plot no. 487-Kha was exchanged from plot no. 487-Ka and plaintiffs became its owner in possession. The defendants are owner of plots no. 552/1 and 552/2 and have no right, title or interest in plot no. 487-Ka of plaintiffs. They are unauthorizedly trying to interfere in plaintiffs' possession of this property, therefore the plaintiffs had filed suit for permanent injunction. Then plaintiffs came to know that defendants-first set had executed sale-deed of their property in favour of defendants-second set on 23.6.1998. In said sale-deed that property was also included which is a part of plot no. 487-Ka of plaintiffs, therefore the plaintiffs had also sought relief for cancellation of said sale deed also.;