KARTIKA PRADHAN Vs. NALI PODHANUNI

JUDGEMENT

(1.) Defendant is appellant.

(2.) Case of plaintiff is that defendant is son of the youngest brother of her husband. Since she was issueless and her husband was dead, defendant got a sale deed executed and registered from her on 23-9-1960 in respect of Ac. 2.79 decs. of land for a paltry sum of Rs. 300/-. However, she was not in necessity of money and taking advantage of her position as widow and illiteracy, this document was obtained without any consideration. There was some dispute in respect of this transfer and on account of intervention of the villagers, defendant agreed to pay agricultural produce worth Rs. 200/- per year in respect of which a document was executed by defendant on 24-11 -1965 towards her maintenance which was registered. Defendant was paying the maintenance as per the document till 1972. When he stopped payment, suit was filed for recovery of the land sold and Rs. 400/- per year towards profit of the land till recovery of possession.

(3.) Case of defendant is that his purchase is for consideration and the document dated 24-11-1965 has not been executed by him. Forcibly his signature was obtained on a piece of paper which is sought to be utilised in the suit.