SUMESAR AND OTHERS Vs. SMT. MANGLA

JUDGEMENT

(1.) This is defendants Second Appeal which arises out of Judgment and decree dated 9-5-1985 delivered by Shri V. N. Pandey, I Additional District Judge, Gonda, in Regular Civil Appeal No. 172 of 1981, dismissing the defendant's appeal from the judgment and decree dated 31-8-81, passed by Shri Niwas Prasad, VIth Addl. Munsif, Gonda in Suit No. 316 of 1979 (Smt. Mangla Vs. Sumesar and others) decreeing the plaintiff-respondents' suit for cancellation of the two sale deeds dated 21-10-78 and registered on 21-10-78 and 24-10-78 respectively.

(2.) The facts of the case in the nutshell are that plaintiff-respondent Smt. Mangala had filed a suit for cancellation of two sale-deeds, both dated 21-10-78 registered on 21-10-78 and on 24-10-78, respectively with respect to properties described in the schedule to the plaint comprising of property mentioned in the list A and B.

(3.) The plaintiff case has been that she had neither executed the above mentioned sale-deeds in favour of the defendant appellant nor had received any sale consideration from them The plaintiff averred that she is an illiterate village lady hailing from backward classes and has been in small farmers. The plaintiff has further averred that defendant misrepresented to the plaintiff and gave her allurement that they would get the financial help for her from the Government which is being provided to the people backward classes and to small farmers and, as such, she should accompany them to Gonda Kachahari and brought the plaintiff to Gonda. The plaintiff further averred that the defendant asked the plaintiff to sign certain papers and represented that those papers will be used for pleading the land in order to obtain, secure and get the loan The plaintiff believed the defendant and signed the documents but the defendant got the sale deeds prepared fraudulently on those papers. The documents and their contents were neither read over nor explained to the plaintiff.