MAHENDRA NARAYAN DEO Vs. PREMA MANJARI DEVI

JUDGEMENT

(1.) The defendant is the appellant against a confirming judgment.

(2.) The plaintiff-respondent instituted the suit for declaration that the sale deeds are void, confirmation of possession and permanent injunction. The case of the plaintiff is that she is the uterine sister of the defendant. She is a pardanasin lady. At the time of marriage, her father had gifted an area Ac.8.900 dec. of land in mouza-Samapur in her favour. The land was recorded in her name in the settlement R.O.R. published in the year 1962. The bhag tenants were cultivating the land. The defendant was looking after the property on her behalf. In the year 1980, the tenants created disturbance at the instance of the defendant and proposed that the land should be disposed of by sale. She agreed to that proposal. The defendant brought the purchasers. On 28.8.1981 and 7.9.1981 a series of sale deeds had been executed. She had also executed three sale deeds in favour of the defendant without any consideration.

(3.) The defendant filed the written statement denying the assertions made in the plaint. The case of the defendant is that the plaintiff is not an illiterate pardanasin lady. She hails from an educated family. In the year 1980, she proposed to sale her property.