GANGOTRI BAI Vs. ANAND RAM @ BHAGAN

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by legal representatives of the defendant is as under:-

(2.) The suit property was admittedly held by one Mulki Bai. She said to have executed sale deed dated 1.9.90 (Ex.D-1) in favour of the defendant and thereafter on 4.1.91 she and her grandson filed a suit for cancellation of sale deed dated 1.9.90 (Ex.D-1) pleading inter-alia that sale deed has been obtained by playing fraud in the month of July, 1990 and at that time she was seriously unwell and taking advantage of her serious sickness, the defendant, who is her nephew, on the pretext of getting her treated on 1.9.90 taken her to Ambikapur and got her signature in blank paper, which was informed to son-in- law of plaintiff No.1 and when it was inquired it was found that original defendant got her signature on the sale deed. It was further pleaded that she has become old, her eye-sight is weak and she could not notice the fraud played by the defendant and made her thumb impression on the sale deed and sale consideration has not been paid to her, as such, sale deed dated 1.9.90 (Ex.D-1) deserves to be cancelled.

(3.) The defendant filed his written statement and denied the averments made in the plaint stating inter-alia that after making payment of sale consideration, sale deed was executed by plaintiff No.1 in his favour, he is bonafide purchaser and from the date of purchase, he is in possession of the suit land, as such, the suit deserves to be dismissed.