CHANDRA KALI Vs. INDRAWATI

JUDGEMENT

(1.) Challenge by way of this appeal is to the judgment and decree dated 09.05.1985 passed by the Addl. District Judge, Gonda in Civil Appeal No. 101 of 1983 whereby the appeal filed by the present appellant has been dismissed and the judgment and decree dated 06.04.1983 passed by the trial court thereby decreeing the suit filed by the respondent for cancellation of sale-deed has been upheld.

(2.) Brief facts of the suit out of which the present proceedings emanate are that the present appellant and the respondent both are real sisters. The respondent filed the original suit for cancellation of the registered sale-deed dated 17.04.1981 alleged to have been executed by their deceased father Brajraj in favour of the appellant-defendant for a consideration of Rs.42,000/-. It was specifically alleged by the plaintiff-respondent that the said sale-deed was a forged and fabricated document which had been got executed by the defendant-appellant by getting her father impersonated by someone else. It was also alleged that Brajraj was very old and because of his ailments since few months prior to the alleged execution of the sale-deed, he was unable to move around. The appellant denying the said allegations alleged that the sale-deed was executed by deceased Brajraj himself after receiving entire sale-consideration. It was also alleged by the appellant that about 12 years prior to the filing of the present suit, the respondent had fled away from their father's house and had got herself married against the wishes of their father Brajraj because of which Brajraj had become very enraged with her and had executed a will of his entire property in favour of the appellant. Brajraj had started living with the appellant and the appellant used to look-after his needs. Brajraj had executed the disputed sale-deed in her favour so as not to remain in any debt of the appellant.

(3.) The suit was decreed by the learned trial court vide its judgment and decree dated 06.04.1983 primarily on the basis of the finding that in the facts and circumstances the defendant-appellant had failed to prove the execution of the sale-deed by deceased Brajraj. The execution of sale-deed in favour of one daughter only to the exclusion of the other and the need of the execution of the sale-deed by the deceased in favour of the defendant-appellant when already a will had been executed by him in her favour were considered by the trial court as doubtful circumstances. It appears that the same findings also found favour with the first appellate court in first appeal filed by the present appellant which affirmed the judgment and decree of the trial court while passing its impugned judgment and decree dated 09.05.1985.