GULJAN BIBI Vs. NAZIR-UD-DIN MIA

JUDGEMENT

(1.) THIS appeal is from the judgment and decree in Civil Appeal No. 49 of 1971 passed by the District Judge. Manipur, reversing the judgment and decree passed by the Court of Munsiff. Manipur, in O. S. No. 3 of 1970.

(2.) THE plaintiffs suit is for declaration that the sale deed dated 22 -5 -1968 purporting to transfer her ingkhol measuring 67 acre of land to the defendant is void on the ground of fraud, misrepresentation and undue influence. The material facts of her case may be stated. She is an illiterate Pardanashin widow. The defendant is her son -in -law. She, being alone has been living on the aforesaid land with the defendant and his wife Sherajan Bibi, daughter of the plaintiff, she reposed complete confidence In the defendant The plaintiff agreed to make a gift of the land to her daughter. Accordingly, on 22 -5 -1968 the defendant took her to Thoubal. where, she was told, the gift would be effected but there, instead, he managed to draw up the impugned sale deed and obtain her thumb impression on it on the representation that that document would be necessary for mutating the name of her daughter, Sheraton, in respect of the land as a gift by her. The document was registered the same day. Later on. the plaintiff came to know that the deed was a sale deed at a price of Rs. 1,000/ - in favour of the defendant himself The defendant got his name mutated She filed an application in revision against the order of mutation bait that was rejected. Hence, she has filed the present suit

(3.) THE learned Munsiff framed, inter alia, the following material issues.