SHANTI DEVI Vs. KUNDAN LAL AND ORS.

JUDGEMENT

(1.) The present second appeal has been preferred by the plaintiff/appellant being aggrieved against the judgment and decree dated 22.7.2019 as passed by the Additional District Judge, Rudraprayag, in Civil Appeal No. 3 of 2019 'Shanti Devi vs. Kundan Lal and Others', whereby, while dismissing the appeal of the plaintiff (appellant herein), it has resulted into consequential affirmation of the judgment and decree of the learned Civil Judge (S.D.), Rudraprayag dated 14.05.2019 as rendered in Civil Suit No. 11 of 2016 'Shanti Devi vs. Kundan Lal and Others'.

(2.) The brief facts, which involves for consideration before this Court is that the plaintiff (appellant herein) had instituted a Civil Suit by way of Suit No. 11 of 2016 on 15.02.2016 praying for a relief for grant of a decree of declaring the sale deed dated 18.09.2006 as allegedly executed in relation to the property as described in the plaint to be lying in Khata Khatoni No. 50, Khet No. 779 in relation to an area of 0.060 hectares situated in village Geed Bhuter, Tilwara, District Rudrapayrag as to be void.

(3.) As per the plaint's averments, she has contended that taking advantage of the mental disorder of defendant no. 4 (her son) the defendant nos. 1 to 3 had got the sale deed dated 18.09.2006 executed in their favour and since it is contended by the plaintiff/appellant that the sale deed will have no legal sanctity in the eyes of law for the reason that according to her case in the plaint at the time of executing the sale deed the defendant no. 4, who is the son of the plaintiff who has executed the sale deed, he was not in a fit mental condition and, hence, she has contended that a fraud has been played upon her by getting the sale deed executed from a mentally disordered son, i.e. defendant no. 4. Thus, deed will have no significance and legal existence in the eyes of law.