- (1.) S. P. Mehrotra, J. It appears that Krishna Bihari lal and Brijesh Chandra Vidyarthi (plaintiffs) filed a Suit against Vishun Bihari lal, Gulab Prasad and Ganga Prasad (defendants) for cancellation of the sale deed dated 18. 3. 1969 executed by the defendant No. 1 (Vishun Bihari Lai) in fa vour of the defendants Nos. 2 and 3, namely, Gulab Prasad and Ganga Prasad.
(2.) THE said Suit was registered as Original Suit No. 490 of 1969. By the judgment and order dated 16. 8. 1973, the Trial Court decreed the said Suit for cancellation of the sale deed dated 18. 3. 1969 executed by the defendant No. 1 in favour of the defendants Nos. 2 and 3. It further appears that the defen dants Nos. 2 and 3 (Gulab Prasad and Ganga Prasad), thereafter, filed an Appeal, being Civil Appeal No. 143 of 1973.
(3.) BY the judgment and order dated 5. 8. 1975, the Lower Appellate Court dis missed the said Civil Appeal No. 143 of 1973 with costs. The defendants Nos. 2 and 3, namely, Gulab Prasad and Ganga Prasad, thereafter, filed the present Second Appeal before this Court.;