( 1 ) DEFENDANTS have directed this second appeal against the judgment and decree passed by the civil Judge, Barabanki who decreed the plaintiffs suit for cancellation of sale deed executed on 24-12-70 by the plaintiff in favour of the defendants.

( 2 ) PLAINTIFF Smt. Rukmin is alleged to have executed a sale deed in favour of the respondents on 24-12-1970 after depositing twenty times of land revenue and obtaining the Bhumidhari Sanad. Plaintiff brought a suit for cancellation of the sale deed executed by her in favour of the defendants on the ground that she actually intended to execute a waqf in favour of the Shivala and not the sale deed in favour of the appellants. No consideration was paid to her. She was an illiterate lady and the alleged sale deed was neither read over to her nor she was made to understand it and it was under the undue influence and fraud practised by the maternal grandmother and others related to the defendants to get the sale deed be cancelled, The suit was resisted by the defendants. It was alleged that a Shivala was constructed after taking money from their father and even for Brahmabhoj and going for pilgrimage she had taken loan. Apart f