SUKHLAL SINGH Vs. ADDITIONAL DISTRICT JUDGE SITAPUR AND OTHERS
LAWS(ALL)-2017-11-423
HIGH COURT OF ALLAHABAD
Decided on November 28,2017

SUKHLAL SINGH Appellant
VERSUS
Additional District Judge Sitapur And Others Respondents

JUDGEMENT

Mahendra Dayal, J. - (1.) I have heard the learned counsel for the parties and have perused the record.
(2.) By means of this writ petition under Article 227 of the Constitution of India, the petitioner has prayed for quashing of the judgment and order dated 05.08.2006 passed by the Additional District Judge, Court No.3, Sitapur in civil revision No.4 of 2006 whereby the order dated 08.12.2005 passed by the trial court has been set aside and suit No.116 of 2001 has been held to be barred by principle of res judicata.
(3.) The brief facts relevant for disposal of this writ petition are that the petitioner filed a suit no.116 of 2001 for cancellation of sale-deed on the ground that the respondents no.2 and 3 were his step brothers. The father of the petitioner under the influence of the respondents no.2 and 3 executed a sale-deed on 25.05.2000 without getting any sale consideration. Prior to this, the respondents no.2 and 3 also got a sale-deed executed by his father in respect of an agricultural land and a suit for cancellation of that sale-deed was also pending. According to the petitioner, the property in question was ancestral property and the petitioner had half share in the property. His father had no right to sell the entire disputed land.;


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