KAISER PARVEZ AND Vs. ABDUL MAJID

JUDGEMENT

(1.) These are two connected Second Appeals which are directed against the judgment and decree of the Civil and Sessions Judge, Gyanpur, passed in Civil Appeal No. 10 of 1968 and Civil Appeal No. 11 of 1968.

(2.) It is not in controversy that As-lam Parvez and Kaiser Parvez, one of whom is appellant in Second Appeal No. 855 of 1972 and the other is in the Second Appeal No. 858 of 1972, are real brothers. The name of their father was Mohammad Yasin. The suits had been filed by both the plaintiffs-appellants under the guardianship of their mother Smt. Roohunnisa. Abdul Razzaq was the grandfather of the plaintiffs-appellants. He gifted the properties in dispute in favour of the two appellants. Mohammad Yasin. acting as natural guardian of the minor plaintiffs, executed two sale deeds in favour of the defendants-respondents. Each of the sale deed was executed on January 29, 1964.

(3.) The case of the plaintiffs-appellants was that Mohammad Yasin suffered from some abdominal ailment and he was hospitalised on January 8, 1964. A major operation was performed on Mohammad Yasin in connection with his ailment and he was discharged from the hospital on January 27, 1964. He was very weak and the defendants- respondents cajoled him by means of blandishments to execute the sale deeds of the plaintiffs' property. It was also stated that Mohammad Yasin was also unconscious at the time of the execution of the sale deeds and it was only after some time that he came to know that he had been made to execute the sale deed. It was further stated that the Sub-Registrar of Bhadohi was in collusion with the defendants-respondents and acted as their tool in registering the documents. It was pleaded that the plaintiffs-appellants were Bhumidhars of the land covered by the two sale deeds and their father and natural guardian had no right to transfer their Bhumidhari rights in the land in favour of the defendants-respondents without obtaining the sanction of the court Mohammad Yasin. father of the plaintiffs-appellants, was also impleaded as a defendant in the two suits.