MITHLESH AND ORS. Vs. PINKI TYAGI AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellants, Sri Veer Singh and Sri Deepak Rana, learned counsels for respondents 1 to 3 on point of admission of second appeal and perused the records.

(2.) Original Suit No.-222/2007 was filed by Smt. Mithlesh and Rahul Tyagi, who are mother and son, for cancellation of three registered sale-deeds dated 10.7.2007 executed on their behalf in favour of defendants no.-1 to 6. The plaint case in brief was that plaintiff no.-1 is illiterate widow, who can sign and his son Rahul is also not fit mentally. Atul son of brother of Rahul (grand-son of plaintiff no.-1) has taken plaintiffs in confidence and brought them from Indragarh, district Bundi to Meerut in Tehsil, where he manage their photographs and thumb impressions on document for alleged preparation of identity-card. After that on 12.7.2007, Atul's brother have asked plaintiff no.-1 for her bank account details for depositing two bank-drafts of Rs. 7,50,000/- and Rs. 7,00,000/- in account of plaintiffs no.-1 and 2 and informed that this is consideration of sale-deeds executed by plaintiffs in favour of defendants. The sale-deeds dated 10.7.2007 were procured from plaintiffs as a result of fraud played by said Atul Tyagi, so those documents are liable to be cancelled. These sale-deeds are voidable documents and defendants are not ready to cancel them. Therefore, plaintiffs had filed suit for cancellation of those sale-deeds.

(3.) The defendants are purchasers of disputed agricultural property and have filed written-statements denying the plaint averments and pleaded that no fraud was committed in execution of sale-deeds in question. They further pleaded that they have purchased disputed property by payment of consideration and are bone fide purchasers in good faith, for value. Plaintiff no.-2 is not mentally retarded and alleged certificate given on his behalf is forged document. Plaintiffs had willingly executed sale-deeds in question and had handed over its possession immediately after execution of sale-deeds. Therefore, suit is liable to be dismissed.