RAM ROOP AND OTHERS Vs. BUDHIYA

JUDGEMENT

(1.) This is a defendants appeal against the judgment and decree dated 20-9-1969 passed by Civil Judge, Ghazipur in Civil Appeal No. 54 of 1968.

(2.) A registered sale deed dated Sept. 6, 1963 purported to have been executed by Smt. Budhia in favour of the appellants in respect of some agricultural plots came into existence. In the year 1964 Smt. Budhia filed suit that she was an old, illiterate and blind woman, that she had not executed the said sale deed and that the sale deed was a result of misrepresentation and fraud played upon her by the appellants. She was actually taken to Ghazipur for getting a ration card prepared. In that connection her thumb impressions were taken on some blank papers. She claimed cancellation of the sale deed. She further claimed possession in case she was found out of possession.

(3.) The suit was contested by the appellants, who inter alia contended that the suit was not cognizable by the Civil Court.