LAWS(MPH)-1994-7-100

TAKHAT SINGH Vs. DEOLAL

Decided On July 04, 1994
TAKHAT SINGH Appellant
V/S
Deolal Respondents

JUDGEMENT

(1.) THE plaintiffs had one half share in agricultural holding located in survey Nos. 142, 146, 153 and 252 in village Armaya, Tehsil Chachoda. District Guna. The other one half share was in the name of the Gaja uncle of plaintiffs 1 and 2, It is alleged that plaintiffs executed a sale -deed on 11th of August, 1967, This is registered sale -deed executed by plaintiffs 2 and 3, Plaintiff No. 3 acted as guardian of plaintiff No. 1 as he was a minor at that time.

(2.) ON 20th July, 1976, the plaintiffs/ respondents filed a suit for cancellation of sale -deed executed on 11th of August, 1967. They pleaded that the sale -deed executed is void and it does not affect their rights. It was stated that plaintiff Nos. 1 and 2 wore minor at the time of alleged sale. Plaintiff No. 3 was a widow. It is further stated that the uncle of plaintiffs No. 1 and 2 Gaja had obtained a loan from the defendant and as he was unable to repay the amount, the defendant forcibly caught hold of the plaintiffs and took them to Guna and got the sale -deed executed with regard to one half share of their property. It was stated in the plaint that the sale deed has been executed without consent and consideration was not paid. It was further stated that the plaintiffs were given a threat and with a view to protect their life and liberty they migrated to Kota. On attaining majority, they returned to the village. Inquiries were made from the Patwari. They were informed that a sale -deed was got executed on 11th of August, 1967. They accordingly filed a suit and denied the execution. The suit was filed on the following grounds : -

(3.) THE fact that the plaintiff No. 1 was minor at the time when the deed in question was executed is not disputed. The sale -deed has mentioned the age of Deo Lal as 15 years. Gopilal is stated to be 25 years old. It has been mentioned that sale -deed was executed on behalf of Deo Lal by his mother.