MAKHA BEWA Vs. BIMBADHAR KANDI

JUDGEMENT

(1.) THE Plaintiff has preferred this second appeal against the decision of the District Judge, Balasore in S.J.A. No. 80/70 -1 dated 21 -10 -1971 reversing the decision of the trial Court in Title Suit No. 2/69.

(2.) THE Plaintiff's case, in short, is that being in need of money she wanted to mortgage some of her agricultural lands in favour of the Defendant, and on that impression she executed the document Ext, A dated 7 -2 -I968 which later transpired to be a sale deed. Having come to know that the Defendant manipulated to get a sale deed executed by her, the Plaintiff instituted this suit for declaration that the said sale deed Ext. A is a fraudulent document. She also has prayed for recovery of possession of the suit land and for permanent injunction restraining the Defendant from interfering with the Plaintiff's possession over the suit land.

(3.) THE lower appellate Court reversed the aforesaid decision of the trial Court on the findings that the Plaintiff understood the contents and purport of the said document; the transaction between the Plaintiff and the Defendant was a bonafide one; and that consideration for the said sale as agreed upon between the parties was paid to the Plaintiff. On the said findings the appellate Court dismissed the Plaintiff's suit.