PRABHAWATI Vs. CHAMPA DEVI

JUDGEMENT

(1.) This Second appeal was initially allowed by me on 2.11.2011 without hearing anyone on behalf of respondent as no one had appeared on their behalf. Thereafter, rehearing application was filed which was allowed on 28.2.2012 and argument on merit were also heard on the said date and judgment was reserved. Few paragraphs of my judgment dated 2.11.2011 are quoted below:

(2.) This is defendant's second appeal arising out of Original suit no. 208 of 1982 filed by the plaintiff-respondent for cancellation of registered sale deed dated 10.2.1982. Munsif, Jaunpur through judgment and decree dated 10.5.1991 dismissed the suit. Against the said judgment and decree plaintiff-respondent filed civil appeal no. 74 of 1991 which was allowed by Civil Judge, Jaunpur through judgment and decree dated 28.2.1994 hence this second appeal.

(3.) The sale deed in question was executed by Shri Ram and his wife Sursatti. The suit was instituted by both the executants. After the death of both the plaintiffs, Smt. Champa Devi, respondent in this appeal was substituted as plaintiff who is daughter of Shri Ram and Sursatti. She also claimed that her parents had executed a Will deed on 26.4.1980 in her favour. Ram Lakhan, husband of defendant-appellant, was real brother of Shri Ram. The Trial court found that the sale deed had in-fact been executed by Shri Ram and Sursatti. However, Lower appellate court reversed the said findings. The sale deed was executed after grant of permission by Settlement Officer of Consolidation as at that time the consolidation was going on in the area in which agricultural land in dispute was situate. Shri Ram was also suffering from leprosy. The case of the plaintiffs was that Shri Ram was told that for grant of financial aid of Rs. 100/- for his treatment he would be required to sign certain documents.