MAHADEV PRASAD KHARE Vs. RAMBAI

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 6. 7. 1993 passed by learned Additional District Judge, Panna in Civil Appeal No. 70-A/92, whereby the judgment and decree passed by learned trial Court dismissing the suit of plaintiff has been set aside by allowing the appeal of plaintiff and decreeing her suit, this second appeal has been filed by defendant no. 1 Mahadev Prasad Khare.

(2.) A suit was filed by the plaintiff to cancel the sale deed dated 26. 7. 1976 executed between plaintiff and defendant no. 1 Mahadev prasad Khare with a further relief to deliver possession of the suit property which is agricultural land and the description whereof has been mentioned in the plaint.

(3.) ACCORDING to the plaintiff she is an illiterate person and is widow for the last 20 years. There is no male member in her family to look after her property. Defendant no. 1 Mahadev Prasad Khare happened to be her cousin brother and she was having faith in him. According to the plaintiff, since, defendant no. 1 is her brother in distinct relation, therefore, the suit property was given to him on the basis of crop share w. e. f. 1975. Defendant no. 1 on 25. 7. 1976 pacified her that for agricultural purpose he has to contact several revenue authorities and, therefore, there is need of power of attorney and the same be executed by the plaintiff in his favour by getting that document registered. The plaintiff became ready and went to the office of Sub Registrar on 26. 7. 1976. A document was written but the same was not read over and explained to her and under the pretext of power of attorney, without getting the document read over and explained to her the same was executed and she put her signature on the document.