JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

1. This civil second appeal has been preferred by the appellants/plaintiffs against the judgment and decree dated 19.11.2008 passed by learned Additional District Judge No. 1, Bayana, District Bharatpur (for brevity ‘the learned appellate court’) in CAR No. 34/1999 whereby, while dismissing the appeal, the judgment and decree dated 27.10.1999 passed by learned Civil Judge (Sr. Division), Bayana, Bharatpur (for brevity-’the learned trial court) dismissing the civil suit no. 129/1999 filed for cancellation of sale deed and permanent injunction, has been upheld.

2. The relevant facts in brief are that Shri Radhey Lal, the predecessor in interest of the appellants (hereinafter referred to as ‘the plaintiff’) filed a suit against Smt. Laxmi Devi, the predecessor in interest of the respondents no. 1/1 to 1/4 (hereinafter referred to as ‘the defendant no. 1’) and the respondents no. 2 and 3 (hereinafter referred to as ‘the defendants no. 2 and 3) stating therein that he has executed a registered will dated 28.5.1973 of his entire movable and immovable properties including the subject house as described in para 3 of the plaint, in favour of his five sons. I