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RAJESH KUMAR, VEDPAL
Brijendra Nath Pandey – Appellant
Versus
Major Upendra Nath Pandey – Respondent
Rajesh Kumar, J. —The present first appeal has been filed against the order of Civil Judge (Senior Division), Lucknow dated 28.02.2009 passed in case No.1015 of 2008.
2. The brief facts giving rise to the present case are that the appellants have been allotted plot No.C-l/625 area 200 sq. mtr in Sector “J”, Janki Puram Scheme, Lucknow by Lucknow Development Authority in the year 1973. Subsequently, a sale deed was executed on 08.10.2004 in their favour. Thereafter, on 02.11.2007 sale deed was executed by the appellants in favour of the respondent Nos. 1 and 2, Major Upendra Nath Pandey and Smt. Deepti Pandey in respect of the said property. The sale deed was registered. The aforesaid suit has been filed by the appellants for the rectification of the sale deed dated 02.11.2007 under Section 26 of the Specific Relief Act, 1963 (hereinafter referred to as the “Act”). The rectification has been sought on the ground that the appellants are parents of the respondent No. 1 and the respondent No.2 is the daughter-in-law of the appellants. The intention of the appellants was to gift the aforesaid land to the respondent Nos.1 and 2 so that they may obtain loan from their departments a
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