SOHAN LAL Vs. SABHAJEET

JUDGEMENT

(1.) -HEARD Sri R. K. Mishra, learned Counsel for the appellants and Sri V. K. Shukla, learned Counsel for the caveator/respondent.

(2.) THIS is a second appeal against the judgment and decree dated 17. 3. 2008/26. 3. 2008 passed by the Additional District Judge, Court No. 1, Azamgarh, in Civil Appeal No. 278 of 1997, Ram Lal v. Sabhajeet, confirming the judgment and decree dated 25. 7. 1997/2. 8. 1997 passed by the Additional Civil Judge (Junior Division), Court No. 12, Azamgarh in Original Suit No. 1023 of 1992.

(3.) THE suit was instituted claiming relief for cancellation of the registered sale deed dated 1. 7. 1992 in favour of the defendant/respondent on the ground that it was got executed by the defendant/respondent by practicing fraud, mis-representation and misleading the appellant and without payment of any sale consideration. The plaintiff/appellant is owner in possession of the disputed plot. The plaintiff is aged about 75 years old and infirm. He is an uneducated person and that he had sufficient means to live and there was no necessity for him to sell the land in question. Copy of the plaint has been annexed as Annexure No. 2 to the affidavit filed in support of the stay application. On perusal of the plaint, it transpires that there was specific pleadings that he had executed a power of attorney in favour of his son Chhotey Lal for looking after his property. The relationship between the son and the plaintiff became our and uncordial, also certain conflict arose between the father and son, which led to the plaintiff's decision to cancel the aforesaid power of attorney. The plaintiff apprehended that his son will take away his property.