SUMERSINGH Vs. HEMKUWARBAI

JUDGEMENT

(1.) THIS is defendants first appeal filed u/s. 96 of the civil Procedure Code against the Judgment and Decree dt. 24. 10. 97 passed by the first Additional District Judge, Shujalpur, Dist. Shajapur in Civil Suit No. 81-A/95.

(2.) THE plaintiff/respondent no. 1 filed a suit for declaration and injunction seeking relief to declare the two sale deeds dt. 06. 04. 95 executed by her mother ratankuwarbai in favour of appellant nos. 1 and 2 and to declare Will executed on the same day by her mother in favour of appellant no. 3, to be null and void and not binding on her and to declare her as the sole owner of the suit land.

(3.) THE plaintiff/respondent no. 1 case as per the plaint filed on 19. 9. 95 was that the suit land situated at village Dadia Khedi was owned by her father Devisingh and her uncle Mehetabsingh. After the death of her father Devisingh, in December 1961 the suit land of his share was transferred in the name of her mother ratankuwarbai. It is stated by the plaintiff that though name of her mother ratankuwarbai was recorded in the land but she also being legal heir of deceased devisingh was having joint ownership right over the suit land with her mother. It is stated that after the death of her mother on 21. 07. 95 she became the sole owner of the suit land. It was alleged by the first respondent/plaintiff that 3 to 4 months prior to death of her mother Ratankuwarbai she was suffering from Cancer and on account of cancer she died. In order to meet the expenses of her treatment she took Rs. 5,000/- from the appellants/defendant nos. 1,2 and 3. The defendants no. 1,2 and 3 on the pretext of the transaction of loan of Rs. 5,000/- got executed from the deceased Ratankuwarbai the sale deeds dt. 06. 04. 95 without consideration and the Will dt. 06. 04. 95, and got the same registered in the office of Sub-Registrar kala Pipal. She further alleged in the plaint that she being co-owner of the suit property the sale deeds and the Will executed by the deceased Ratankuwarbai are not binding on her. It is her case that taking undue advantage of ill health of ratankuwarbai the defendant nos. 1, 2 and 3 without paying consideration got the sale deeds executed in their favour and also got the Will executed from her representing it to be a document for loan of Rs. 5,000/- which she took from the appellants for her treatment.