DINA NATH Vs. DAN BEHARI LAL DECD

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 5th August, 1977 passed by Civil Judge, Court No. 3. Agra in Civil Appeal No. 80 of 1973 arising out of the Original Suit No. 137 of 1971 decided by II Additional Munsif, Agra by its judgment dated 22nd January, 1973.

(2.) One Smt. Jagrani (died) executed a sale deed dated 20th February, 1968 in favour of the appellants Deena Nath and Mahavir Prasad both sons of Atmaram Pandey of Tal Firoz Khan. Agra. Smt. Jagrani died on 4th November, 1969. The plaintiff-respondents Shyam Prasad and others filed Original Suit No. 137 of 1971 on 16th of February. 1971 alleging that the sale deed was obtained by playing fraud on Smt. Jagrani.

(3.) The plaintlff-repondents alleged that Smt. Jagrani at the alleged time of execution of the sale deed in question was a very old lady and she had become invalid and lost eye-sight as well and was practically blind. She had become very weak and frail and lost memory and had no capacity of understanding. The defendants were Intimately connected with the family of Smt. Jagrani as well as with the plaintiffs. It is alleged that the defendants were appreciated by the plaintiff and Smt. Jagrani and they used to look after Smt. Jagrani's cultivation and also the litigations in Courts on behalf of Smt. Jagrani. Taking undue advantage of their influence on Smt. Jagrani and without her know the transaction got a sale deed for 1/2 share in the plots of Khata scribed and registered on 20th February, 1968. The defendants further played fraud and got a fictitious Will executed by Smt. Jagrani, The plaintiffs alleged that the sale deed was without consideration and it was outcome of fraud played on Smt. Jagrani which the plaintiffs had no knowledge and for the first time they came to know in December. 1970. On these facts the plaintiffs prayed for cancellation of the sale deed and injunction.