ONKAR SINGH AND ORS. Vs. OM PRAKASH

JUDGEMENT

(1.) Heard the arguments of learned counsel for the parties and perused the records.

(2.) The admitted facts between the parties are that Udai Ram had three sons namely, Jagannath, Om Prakash (plaintiff of original suit) and Ram Nath. Onkar Singh-defendant no.-1 and Lokesh-defendant no. 2 are sons of Jagannath, who had died. It is admitted fact that Ram Nath had also died without any issue. After the death of their father Udai Ram, the plaintiff Om Prakash and his two brothers Jagannath and Ram Nath became his legal heirs and each became owner of 1/3rd share. It is also admitted fact that on 29.05.1981 the Ram Nath had executed a sale-deed on his whole 1/3rd share in disputed property in favour of defendant Onkar Singh and Lokesh. Admittedly the Ram Nath had died after about two years of execution of said sale-deed dated 29.05.1981. After this, on 10.03.1987, the plaintiff Om Prakash filed a suit for cancellation of sale-deed dated 29.05.1981.

(3.) The plaint case in original suit no.-115/ 1988 was that Ram Nath was mentally ill and was like insane, so defendants have manipulated him and has got executed registered sale-deed dated 29.05.1981 on behalf of Ram Nath, regarding his share in disputed property, which is liable to be cancelled. The grounds taken in plaint for the cancellation of sale-deed were that Ram Nath had never executed the sale-deed in question. He had no need to execute the sale-deed, no consideration was paid to Ram Nath for said sale-deed, which was not read and explained to him, consideration mentioned in sale-deed is less, the defendant had no money to purchase the disputed land, and sale-deed was executed for dishonestly usurping the property. It was further pleaded in the plaint that the defendant came to know about sale-deed in January, 1987. Since he is legal heir of Ram Nath's property, therefore his rights would be affected from this sale-deed, therefore he has filed suit for cancellation of said sale-deed.