HANS RAJI Vs. YOSODANAND

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is moved by the original plaintiff who had filed Regular Civil Suit No. 223 of 1976 in the court of learned Munsif Gonda for cancellation of Sale Deed dated 7-4-1975 said to have been executed by her in favour of the respondent defendant. The suit came to be dismissed by the Trial Court. Appellant lost her appeal before the appellant court and further appeal being second appeal before the High Court. That is how she has invoked this Court's jurisdiction under Article 136 of the Constituition of India. Notice was ordered to be issued to the respondent on 20th January 1995 by a Division Bench of this Court consisting of S. Mohan , J and one of us S. B. Majmudar, J. It was also stated therein that notice to go on additional grounds as well. We will advert to the additional grounds permitted to be urged by the appellant pursuant to the notice afore said a little later. Respondent has appeared through his learned counsel. We have heard learnned counsel for both the parties. We tried to explore the possibility of a settlement but as no settlement could be arrived at despite adjournment of this petition on number of occasions, ultimately the petition was finally heard on merits and the appeal pursuant to the same is being disposed of by this judgment.

(3.) A few relevant facts necessary to be noted at the outset to appreciate the grievance of the appellant, plaintiff. According to her she is an illiterate harijan woman and a childless widow. On the death of her husband who was a Railway servant she was given employment on compassionate ground in Railway by Railway authorities. She had inherited the house which belonged to her husband situated in Gonda town in Gonda district of Uttar Pradesh. Respondent, who was known to her came to Gonda town and as he was in need of accommodation, the appellant accommodated him in her house. That happened about three years prior to filing of the suit from which the present proceedings arise, that is, somewhere in the year 1973 as the suit was filed in 1976. Thereafter according to the appellant-plaintiff her brother to Gonda in 1975 and on his persuasion she agreed to execute a Will in favour of her brother's sons as she was a childless widow. It is her further case that at that time respondent was also present and he undertook to get the necessary Will executed by the appellant in favour of her brother's sons. But instead of doing so he, dishonestly and fraudulently told the appellant that before the Will is executed permission of the District Magistrate will have to be obtained and accordingly made her sign some blank documents and later on took her to the office of Registrar for getting the Will executed. However, it was found that instead of getting the will executed the respondent got a Sale Deed executed in his favour by practicing fraud and misrepresentation on the appellant.