VIDYA DEVI & 3 ORS Vs. NARAYAN DEI

JUDGEMENT

(1.) THE plaintiffs -appellants have filed this second appeal against the judgment and order dated 10.12.2013, whereby the VIII -Additional District Judge, Raebareli, allowed the First Appeal No. 7 of 2001 and set aside the judgment and decree dated 15.12.2000, passed by the Civil Judge (Junior Division), Raebareli, thereby dismissing the Regular Suit No. 456 of 1997.

(2.) THE second appeal was admitted on 18.12.2003 without formulating the substantial questions of law. Since the parties have already been heard, the following substantial questions of law are being formulated for the disposal of second appeal: -

(3.) THE brief facts giving rise to this second appeal are that the plaintiffs/ appellants filed a suit for cancellation of sale deed with the allegation that the deceased Nanku was Bhoomidhar with transferable rights of land Gata Nos. 437, 625, 613, 620, 624, 622 and 556 situate at Mauja Saidanpur, Pargana, Tehsil and District Raebareli. The said Nanku was aged and infirm before his death and was being looked after by her elder daughter, namely, Smt. Vidya Devi, her husband and sons. On 14.3.1996 the son -in -law of the younger daughter of Nanku took him to his place for better treatment. On the very next day the wife of deceased Nanku died on account of the illness. Nanku was so much frightened with the death of his wife that he apprehended that his younger daughter would kill him also. He, therefore, came back to his house along with Vidya Devi. It was further alleged by the plaintiffs -appellants that the defendants/ respondents have always been trying to usurp his property by any means. The deceased Nanku received a notice from Tehsil in a mutation case from which he came to know that the defendant/respondent no.1 had applied for mutation on the basis of a sale deed allegedly executed by him. There upon Nanku filed objections before the Tehsil court and also filed a suit for permanent injunction and cancellation of sale deed. It was further pleaded by the plaintiffs/ appellants that the alleged sale deed was executed by playing fraud and the sale deed did not bear the thumb impression of Nanku and he has also not been paid any sale consideration. It was further pleaded by Nanku that after the death of his wife he was not mentally fit and as such the sale deed allegedly executed by him in favour of the defendants/ respondents is liable to be cancelled.