SAGHIRAN Vs. DEPUTY DIRECTOT OF CONSOLIDATION MEERUT

JUDGEMENT

(1.) -The contesting opposite parties in the present writ petition had claimed right in the disputed land on the basis of an alleged sale deed executed by the petitioner, Smt. Saghiran. The present petitioner had claimed right in the disputed land and had asserted that the contesting opposite parties had obtained sale deed by placing fraud upon her and by not making her understand the contents of the sale deed relied upon by the contesting opposite parties.

(2.) FIRST two courts gave judgments for the petitioner but the revisional court has given judgment against the petitioner. Aggrieved by the judgment of the revisional court the petitioner has approached this court under Article 226 of the Constitution of India.

(3.) ON the facts involved in the case if the sale deed is treated as void, no question of limitation for getting the sale deed cancelled would be involved. The vendees are relations of the petitioner and were in a position to dominate the will of the petitioner and also they were co-sharers in the disputed land, therefore, no question of getting the sale deed cancelled would be involved. The theory of partition set up by the contesting opposite party was not accepted by the first two courts and that reasoning has not been met by the revisional court. Therefore, the impugned judgment of the revisional court suffers from patent error of law.