(4) The suit property was originally held by one Inderman; and the original defendant No. 1 – Chander Bai (since deceased) was his wife. Plaintiff is the daughter of Inderman and Chander Bai. Chander Bai sold the suit property to the extent of 2 acres of the land out of 5 acres of the land in favour of defendant No. 2- Heeraram vide registered sale deed dated 23.08.1987, which necessitated the plaintiff to file civil suit on 27.04.2000 for seeking declaration that the said sale deed dated 23.08.1997 (Ex.P-1) as void, which the trial Court as well as the first appellate Court dismissed the suit holding the plaintiff's mother -Chandar Bai inherited five acres of the land and she, out of five acres of the land, alienated two acres of the land to the defendant No. 2 and she can alienate the suit property to the extent of her share. In the considered opinion of this Court, both the courts below have rightly and concurrently held that late Smt. Chander Bai, wife and widow of late Inderman was entitled to alienate only two acres of the land out of total five acres of the land in favour of defendant No. 2 – Heeralal, which is less than to the extent of her share in the suit property. The said finding recorded by both the courts below are correct finding of fact based on material available on record and I do not find it either perverse or contrary to record and no question of law much less substantial question of law is involved in this appeal.
