DWARIKA PRASAD & ORS Vs. BABU LAL

JUDGEMENT

(1.) THIS is a defendants' appeal arising out of a suit for cancellation of the sale deed. The suit was decreed by the trial court and on appeal filed by the defendants the same was dismissed and the decree passed by the trial court was affirmed.

(2.) SMT . Sumera Devi, filed a suit for cancellation of sale deed dated 25-6- 1975, said to have been executed in favour of Ram Manohar, on the ground that she was an old, infirm and illiterate lady having two daughters whose sons used to manage the agricultural affairs of the plaintiff. In 1977, her maternal grand-son, Raja Ram learnt about the sale deed in favour of Ram Manohar by the plaintiff, which fact was got enquired by her. According to Smt. Sumera Devi, she had not executed any sale deed in favour of Ram Manohar and the same was got executed by an imposter impersonating her and was registered in the Registrar office. Her case was that no consideration was paid. On these counts, the suit was filed for cancellation of sale deed.

(3.) ON the pleadings of the parties, following issues were framed. English translation of which is as follows :