SUDHIR KUMAR LALA Vs. LAXMIDHAR LALA

JUDGEMENT

(1.) THE plaintiff appellants filed a suit for declaration that the registered sale deed dated 6th December, 1979 executed by their predecessor Dayanidhi Lala was fraudulent, illegal and not binding on the plaintiffs, for declaration of the plaintiffs' title in the property covered by the said deed, for confirmation of their alleged possession in the said property and alternatively for recovery of possession in case they are found to be dispossessed.

(2.) THE plaintiffs' case is that Dayanidhi was seriously ill suffering from paralysis and was in a stage of coma for a quite some time before his death. He died on 9th December, 1979. On 6th December, 1979 just three days prior to his death, defendant No. 1, a cousin, fraudulently got the impugned sale deed by which Dayanidhi and defendant No. 1 purported to have sold the dwelling house in favour of defendant No. 2, the wife of defendant No. 1. The plaintiffs have alleged that Dayanidhi did not and could not execute such a sale deed and in fact he did not go to the registration office at all.

(3.) THE plaintiffs appeal before the First Appellate Court was dismissed and the judgment and decree of the trial Court was affirmed.