HUKUM SINGH AND OTHERS Vs. SHYAM LAL

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) This second appeal has been filed against the judgment and decree dated 6.9.2006 whereby the defendants-appellants' first appeal has been dismissed by the court below by affirming the judgment and decree of the trial Court.

(3.) The respondent-plaintiff filed the suit for cancellation of sale-deed stating that the sale-deed dated 12.5.2000 was got executed by him by playing fraud on him by the defendants. He was taken into confidence by the respondents-defendants who told him that since a loan was being taken by him he may become a surety to it in which he will have no difficulty. On this pretext he was taken to the office of the Sub-Registrar concerned where the document was already prepared from before on which he was asked to put his thumb impression. He being an illiterate person could not read the contents of the document and was made to put his thumb impressions thereon at the places indicated by the defendant and his associates. After some time he came to know from the villagers that the defendant was claiming that he has purchased the entire landed property of the plaintiff. Thereafter he went to the office of the Sub-Registrar and obtained the entire details of the fraud played upon him for getting the execution of impugned sale-deed. Soon afterwards the suit for cancellation of the sale-deed was filed.