Pramod Kumar Srivastava, J. –

Heard learned counsel for the parties and perused the records.

2. In original suit no. 867 of 2009 (Vishva Nath Yadav v. Balli Yadav & others), the paint case in brief was that disput agricultural property is ancestral one, which was earlier owned by grand-father of plaintiff Kauleshwar. After the death of Kauleshwar, his son Balli Yadav (father of plaintiff, and defendant no.-1), plaintiff Shiv Nath Yadav (husband of defendant no.-2 Asharfi Devi) and Kattal @ Surya Nath (husband of defendant no.-3 Kalawati Devi) became co-owners of this property. plaintiff is owner of half of the disput agricultural property but his father Balli Yadav, defendant no.-1 had executed gift-deed of said property in favour of his daughter-in-laws (defendant nos. 2 and 3). Since the plaintiff's father had no right to execute the gift-deed of whole of the disput property, and the plaintiff is owner of half share of this land and is in its joint possession, and since the gift-deed dated 30.05.2009 was executed by defendant no.-1 without his free will and under influence of drug, therefore the plaintiff had filed suit for cancellation of said gift-deed, and also for perma