SITA BEWA Vs. GANGADHAR BHARATI

JUDGEMENT

(1.) Plaintiff has filed this second appeal against the judgment and decree dated September 18, 1986 passed by the District Judge, Balasore in M. A. No. 25/84-I confirming those dated April 11, 1984 passed by the Munsif, Balasore in O.S. No. 134 of 1980-I.

(2.) Plaintiff, appellant instituted the suit for declaration that the disputed sale deed dated 22-8-1972 executed by her was fraudulent, inoperative and that no title and interest was conveyed by such deed, for confirmation or in the alternative recovery of possession of the suit land against Gajendra Bharati, since deceased, the predecessor in interest of the present respondents.Plaint case, inter alia, is :

(3.) After death of her husband plaintiff was residing with her brother-in-law (husband's brother) in jointness. Her brother-in-law and son-in-law were implicated in some criminal cases and were under arrest. As there was no other male member in the family the plaintiff had to depend upon the original defendant Gajendra Bharati to look after the criminal cases against her brother-in-law and son-in-law. Gajendra brought the plaintiff to Soro registration office on the plea of getting a bail bond registered and got her thumb impression on a document. The plaintiff executed the said document on the representation of Gajendra that the document was a bail bond. The contents and the nature of the document were not explained to her although she is an illiterate house-wife. After being released from jail the plaintiff's brother-in-law and son-in-law were cultivating the suit land when Gajendra came and for the first time disclosed that the plaintiff had already sold the suit land to hi. When her brother-in-law and son-in-law asked her about such sale, she for the first time came to learn that Gajendra in fact got a sale deed executed by her in the name of a bail bond.