Sudhir Agarwal, J.

1. Heard Sri Suresh Chandra Verma, learned counsel for appellant and Sri B.N. Agarwal, learned counsel for respondents.

2. This is a plaintiff's appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as "Code") arising from judgment and decree dated 16.08.1978 passed by Sri R.C. Agarwal, IInd Additional District Judge, Etawah in Civil Appeal No. 71 of 1975. By impugned order, First Appellate Court has allowed defendant's appeal and set aside judgment and decree dated 26.08.1975 passed by Sri Brij Bhushan Singh Sisodiya, Civil Judge, Etawah.

3. Civil Judge, Etawah had decreed suit granting relief of cancellation of sale-deed dated 12.08.1969 executed by defendant-2 in favour of defendant-1 in respect of disputed property and an injunction, as prayed by plaintiff, was also granted but the same has been reversed by Lower Appellate Court (hereinafter referred to as "LAC") and suit has been dismissed.

4. Plaintiff-Appellant, Gaya Prasad instituted Original Suit (hereinafter referred to as "OS") No. 21 of 1971 in the Court of Civil Judge, Etawah vide plaint dated 22.07.1971 impleading Nathu Singh as defendant-1 and Raja Ram as defendan