MAHENDRA DAYAL,J. - (1.) Both the aforesaid first appeal from order have been filed against the judgment and order dated 11.08.2016 passed by the Additional District Judge, Court No. 6, Faizabad in civil appeals No. 50 of 2015 and 65 of 2015, whereby the judgment and decree dated 09.03.2015 passed by Civil Judge (Senior Division), Faizabad in suit No. 261 of 1999 has been set aside and the matter has been remanded to the trial court for fresh decision.
(2.) The brief facts of the case are that the respondents filed a suit against the defendant-appellants with the averments that on 21.05.1999, they purchased the disputed land by means of a registered sale deed and took possession over the same. The defendant-appellant by defrauding the defendant No. 4 of the original suit, got another sale deed executed in their favour. It was pleaded by the plaintiff/respondents that the defendant No. 4 of the original suit, had no right to execute the sale deed in respect of the same land which was sold by him to the plaintiff respondents. The defendant-appellants could not get any right in the disputed land by the second sale deed for the reason that the defendant No. 4 was not competent to execute sale deed because after executing sale deed in favour of the plaintiff-respondents, he no longer remained the owner of the land. The suit was filed by the plaintiff/respondents for cancellation of the subsequent sale deed.
(3.) The defendant-appellants contested the suit and filed their written statement. It was pleaded by them that the defendant No. 4 executed sale deed in favour of the defendant-appellants after receiving the sale consideration. The defendant-appellants also claimed their possession over the disputed land. It was also pleaded that the court of Civil Judge had no jurisdiction to entertain the suit for cancellation of sale deed. The plaintiff-respondents filed their reply to the written statement filed by the defendant-appellants. Since there were two sale deeds in respect of the same land and executed by the same person, therefore, the defendant/appellants also filed their counter claim for cancellation of sale deed executed in favour of the plaintiff-respondents.;