KAMTU AND OTHERS Vs. SONWA

JUDGEMENT

(1.) This is a defendants appeal against the judgment and decree dated 13-10-1969 passed by 2nd Temporary Civil and Sessions Judge, Banda in civil appeal No. 13 of 1969.

(2.) Sonwa, plaintiff respondent, and Ram Asrey, defendant appellant No. 4, had purchased bhumidhari land No. 4146 measuring 1 bigha in the year 1964 from one Babu Lal. In this way they became joint owners of the said land and were in joint possession thereof. Karat u, Hanuman and Mahabir defendants appellants 1 to 3 are real brothers of Ram Asrey. On 15-10-1966 there came into existence a sale deed purporting to have been executed by Sonwa, respondent, in favour of appellants 1 to 3. The appellants 1 to 3 then applied for mutation of their names in place of the respondent. Mutation order was passed in their favour. The respondent came to know of all these in the beginning of Oct. 1966. Then in June 1967, appellant No. 4 in collusion with appellants Nos. 1 to 3 made two kothas and a court-yard shown by letters ABFEDC on a portion of the plot in question and at the southern extremity of the plot a boundary wall was constructed. The respondent asserted that the appellant No. 4 did so against his consent and without getting his share partitioned. Consequently on 7-10-1967, the respondent filed suit for cancellation of the sale deed on the ground of fraud played upon him and for demolition of the constructions ABFEDC and boundary wall D-l and D-2 shown in the sketch map given at the foot of the plaint.

(3.) The particulars of the fraud alleged in the plaint are that appellant No. 4 wanted to give his share to his brothers appellants Nos. 1 to 3 and asked the respondent to sign on the deed in token of his consent. Therefore, the respondent signed on the alleged sale-deed.