SMT. JAGIA Vs. HIRA SINGH AND ANOTHER

JUDGEMENT

(1.) This is a plaintiff's second appeal directed against the judgment and decree, dated 31-5-1973, passed by Sri S. Zaheer Hasan, District Judge, Basti, allowing the appeal and setting aside the judgment and decree passed by Sri Rajendra Prasad Rai, Additional Munsif, Basti by which the plaintiff's suit for cancellation of the sale deed was decreed.

(2.) The plaintiff-appellant Smt. Jagia filed a suit against Hira Singh and Pratap Narain sons of Ram Sunder Singh for cancellation of the sale deed relating to two plots described at the foot of the plaint. She alleged that she is an illiterate and pardahnashin lady and that the defendants took her to Khalilabad on 23-1-1970 on the representation that she had to sign some documents so that the kabiz entry in the revenue record may be corrected. However, later on she came to know that in fact a sale deed was got executed by her. She denied the receipt of sale consideration and prayed that the sale deed be cancelled. The defendants denied these allegations asserting that the plaintiff had executed the document in their favour after fully understanding the contents of the document and, therefore, the suit was not maintainable.

(3.) The parties led evidence and on consideration of the evidence, the Additional Munsif, Basti decreed the suit and cancelled the sale deed, dated 23-1-1970. The Trial Court found that from the very start the plaintiff was kept in seclusion and was not allowed to know the contents of the document. It was also found that after the sale deed there is no other property with the plaintiff to support her. The testimony of the defendants, witnesses was disbelieved as the marginal witnesses belonged to another village, The Trial Court also noted that there was no endorsement by the Sub-Registrar that the document was read over and explained to the plaintiff and came to the conclusion that the sale deed was obtained fraudulently and the same had not been executed by the plaintiff out of her free will. The defendants went up in appeal. The lower Appellate Court came to the conclusion that the plaintiff had executed the sale deed after fully knowing the contents thereof, that there was no other reason for her to go to Khalilabad and that there was no fraud. With these findings the plaintiff's suit was dismissed leading to the present appeal.