HARI LAL Vs. KAULESHWARI

JUDGEMENT

(1.) This Second Appeal has been filed by the defendant of Original No.226 of 1982 for setting aside the judgment and decree of the Appellate Court by which the appeal was allowed and the suit for cancellation of the sale deed dated 9th December, 1981 purported to have been executed by the plaintiff in favour of the respondent was decreed with costs.

(2.) The plaintiff-respondent had filed the suit for cancellation of the sale deed dated 9th December, 1981 purported to have been executed in favour of the defendant-appellant in respect of agricultural land on the ground that it was without consideration; that the plaintiff had not executed the deed knowing it to be the sale deed; that it was not a conscious act of the plaintiff; that the plaintiff was not in need of money; there was no question of her executing the sale deed of the entire property and that the sale deed was obtained by fraud with the help of attesting witnesses and in collusion with the Clerk in the office of the Sub-Registrar. It was alleged that in December, 1981, the plaintiff had seriously fallen ill and the defendant who was the son of elder brother of her deceased husband took the plaintiff for treatment to a hospital where she was asked to put a thumb mark on certain papers in connection with the treatment and it was only in January, 1982 when the defendant disclosed in the village that he had got executed a sale deed of the property that the plaintiff got the papers inspected and then came to know about the sale deed.

(3.) The case of the defendants was that the sale deed had been executed on 9th December, 1982 for a consideration of Rs.6500/- out of which Rs.4500/- was paid in advance and Rs.2000/- was paid before the Sub-Registrar. It was denied that the sale deed had been obtained by fraud or that it was without consideration.