V.K. Bist, J.

Instant Second Appeal is directed against the judgment and decree dated 07.04.2011 passed by the District Judge, Nainital in First Appeal No. 35 of 2009 and also against the judgment and decree dated 29.09.2009 passed in Civil Suit No. 59 of 2009 ‘Smt. Sushila Devi vs. Trilok Singh and others’.

2. Plaintiff/appellant instituted a suit for declaring the registered sale deed dated 15.02.2005 as null and void and also for cancellation of the same, executed by defendant/ respondent nos. 2 to 4 in favour of defendant/ respondent no.1 in respect of 468.31 square feet land, situated at village Kusum Khera, Tehsil Haldwani, District Nainital. Another prayer was made in the suit for permanent injunction restraining the defendant/ respondents from interfering in the land in question.

3. The case of the plaintiff/appellant is that the father of the appellant was absolute owner of land measuring 4 Bigha 10 Biswas situated in village Kusum Khera, Tehsil Haldwani, District Nainital. On 19.09.1990, the father of the appellant executed a registered Will, by virtue of which, a house constructed over plot no. 3A measuring 11.8 X 60 feet, bounded on the east and north by pub