LALLA SINGH Vs. AJUDHI

JUDGEMENT

(1.) R. K. Mahajan, J. This is a second appeal filed against the judgment and order dated 27-10-1984 passed by Shri R. N. Rai, Civil Judge, Jalaun at Orai in Civil Appeal No. 41 of 1981 as a result of which he accepted the appeal decreeing the suit of the plaintiff.

(2.) IT is a case of execution of sale-deed of land by blind man in favour of a potter by fraud. IT is said that the potter was having good relations with blind man. IT is a case of an old, illiterate man living in a village back ground. He is leaving four sons and other members of family. He is living separately from them. So question is that whether the sale-deed executed was his mental actor he was induced to sign the document under the belief that financial help would be given and for that he was to go to Tehsil Head Quarter for filing the application to obtain that aid in view of his house having been fallen in the rainy season? The respondent believed and signed the document which ultimately turned to be the sale-deed. The decree was passed by trial Court regarding the validity of the sale-deed, hence the present Second Appeal.

(3.) WHETHER suit for cancellation of sale deed without consequential relief of possession was not maintainable ?" 5. I have heard learned counsel for the parties. Shri V K. S. Chaudhary Senior Advocate appeared for the appellants and Dr. V. S. Dwivedi put in appearance for the respondents.