RATNESWAR GOSWAMI Vs. MONGOLI CHUTIANI

JUDGEMENT

(1.) THIS is second appeal form the judgment & decree of the learned Addl. Subordinate J.A.V.D. dated 24 -9 -1948, by which he set aside the judgment & decree of the trail Ct. which had decreed the pltf.'s suit with no order as to costs.

(2.) THE pltf. brought a suit foe the rectification of a sale -deed dated 17 -7 -1936, executed in his favour by the deft, a widow of one Sonaram alias Someswar, purporting to convey the property in suit of the value of leas then Rs. 100, & for declaration of his title to & confirmation of possession of the rupit land & khas possession of the busti land.

(3.) IN this suit, in addition to the prayer for a declaration of his title & possession, the pltf. bought to rectify the sale -deed of 1933. The prayer for rectification was baaed upon the allegation that the deft, was the sole heir of her deceased husband, Sonaram, & that she alone was, therefore, competent to execute the sale -deed in her own right, but that the writer of the sale -deed wrote out the deed by which the deft. as guardian of her minor daughters purported to sell their interest only by mistake on discovering the mistake the plft. served the deft, with a notice, & on the deft.'s failure to comply with his demand, the pltf. brought the present auit.