SMT. BRIJRANI Vs. PASHUPATI NATH AND ANOTHER

JUDGEMENT

(1.) Heard learned counsels for the parties on point of admission of second appeal and perused the records.

(2.) Original Suit No. 793/2005, Smt. Bhagwan Devi v. Smt. Brijrani and Anr. , was filed for cancellation of registered sale-deed dated 30.5.2005 executed on behalf of plaintiff Bhagwan Devi in favour of defendant no. 1 Brijrani and for the relief of permanent injunction relating to land mentioned in said sale-deed. The grounds for cancellation of sale-deed mentioned in plaint were that plaintiff had not executed any sale-deed willingly and knowingly in favour of defendant no. 1 nor said sale-deed was read and explained to her, nor any consideration was paid to her for said sale-deed, and she is in possession of disputed property as owner; therefore said sale-deed be cancelled and defendant be restrained from interfering in its possession of plaintiff.

(3.) Defendant had filed written-statement in Original Suit No. 793/2005, by which they denied plaint averment and pleaded that said sale-deed was willingly executed by plaintiff in favour of defendant no. 1 without any misrepresentation or undue influence. Therefore, suit is liable to be dismissed.