Heard Sri A. B. Singh, learned counsel for the appellants and Sri Vashishtha Tiwari, who has appeared on behalf of the contesting respondents.

2. This is a plaintiffs second appeal filed against the impugned judgement and decree dated 20. 1. 2000 passed in Civil Appeal No. 177 of 1971 (Shiv Nath Tripathi and others Vs. Smt. Lalita Devi and others) by the II Additional District Judge, Deoria, whereby the Lower Appellate Court has affirmed the judgement and decree of the Trial Court, which had dismissed the suit for cancellation of the sale deed dated 18. 8. 1969 executed by the defendant Smt. Lalita Devi and had decreed the suit partly with respect to the sale deed dated 25. 8. 1955 and for permanent injunction against the defendants no. 1 to 4 relating to the land 125/2 Area 67 decimals towards east 134/1 area 65 decimals towards west and 141 area 8

decimals as well as the half southern portion of the house KA, AA, DA, THA and its Sahen towards east mentioned in schedule A of the plaint.

3. Learned counsel for the appellants has assailed the finding of the trial court on Issue No. 3 to state that the family settlement dated 15. 5. 1952 was never denied by the defend