INDIRA KAUR Vs. SHEO LAL KAPOOR

JUDGEMENT

(1.) The widow and legal heirs of the original plaintiff may be pardoned for their cynicism having lost the property as well as the bread winner who committed suicide on losing his meritorious matter at all levels.

(2.) A poor person (original plaintiff) owned a small house property in Bambagher, Ramnagar, district Nainital. His son was taken ill. He did not have sufficient liquid resources to enable him to incur the necessary expenditure for treating his ailing son. He thereupon entered into a transaction with the original defendant who was a resident of the same place on August 16, 1967. The essential features of the transaction were :-

(3.) The trial court came to the conclusion that the plaintiff did not have adequate funds to purchase the property. The trial court did not record a specific finding on the question, as to whether or not the defendant had remained present at the Sub Registrar's office in pursuance to the requisition made by the plaintiff by the registered notice and by the local telegram five days in advance. The trial court dismissed the plaintiff's suit holding that the plaintiff could not have been possessed of Rs. 7000/- on the deadline stipulated for performance mainly on the ground that he was a poor person who could be earning Rs. 200/- or so per month and could not have made any saving and that he had not produced his passbook (which he was never called upon to produce by the other side or by the Court). The Lower Appellate Court and the High Court successively dismissed the appeal preferred by the unsuccessful plaintiff on the same pattern of reasoning. The plaintiff having committed suicide in the wake of the judgment of the High Court, his widow and legal representatives have approached this Court by the present appeal by special leave.