Ved Prakash Vaish, J. - (1.) Heard Sri Q.M. Haque, learned counsel for the appellant.
(2.) The appellant has filed the present second appeal under Section 100 of the Code of Civil Procedure (hereinafter referred to as "C.P.C.") against the judgment and decree dated 14.12.2004 passed by Ist Additional District Judge, Balrampur in Civil Appeal No.11 of 2003 whereby the appeal filed by the appellant was dismissed.
(3.) The brief facts of the case are that the appellant (plaintiff in the original suit) filed a suit for permanent injunction, bearing Original Suit No.245 of 1993 titled as Shanti Devi vs. Sumant Prasad and others seeking cancellation of sale deed dated 25.01.1992. The case of the appellant was that the mother of the appellant, Ram Lali was the bhoomidhar of the disputed land in Gata No.366/0.40, 368/2.26 and 374/0.03 situated at village Paraspur Karonda Pargana and Tehsil Tulsipur, District Balrampur; she died leaving behind the appellant as her sole legal heir; the deceased, Smt. Ram Lali executed a registered Will dated 27.01.1978 in favour of the appellant; after the death of her mother, the appellant become the owner and in possession of the disputed land. It was alleged that the defendants No.3 and 4 have forged a Will dated 24.09.1988 and on the basis of said Will the land in dispute was mutated in the name of defendants. It was also alleged that the deceased Smt. Ram Lali had not executed any other Will except the Will dated 27.01.1978 in favour of the appellant. Hence, the appellant filed a suit for cancellation of sale deed dated 25.01.1992.;