JUDGMENT : This is a defendants' second appeal arising out of a suit for cancellation and possession.

2. The suit giving rise to this appeal was filed by one Chhotey Lal and his wife Smt. Tulsa. The defendants in the suit, who are appellants, are Debi Prasad and his wife Smt. Bitti. Debi Prasad is admittedly a grandson of the own brother of Chhotey Lal. During the pendency of this appeal both Chhotey Lal and Smt. Tulsa died. Smt. Tulsa died leaving Chhotey Lal as her sole heir and on the death of Chhotey Lal respondents Nos. 1 to 4 have been impleaded as his heirs.

3. The suit was filed on the allegation that in November 1954 when Smt. Tulsa fell ill appellant No. 1 offered his help to the plaintiffs who were old, infirm and weak and had none to look after them. They accordingly welcomed the help of Debi Prasad appellant No. 1 and sometime thereafter they agreed to execute a will in respect of their only property, namely the house in dispute, with the result that on 17th December, 1954, they actually executed a deed under the belief that it was a deed of will. Subsequently when appellant No. 1 ill-treated them they discovered on getting the deed read out to them that the suit was fil

Click Here to Read the rest of this document