BHANA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the plaintiff who is aggrieved against the dismissal of her suit for declaration and the relief of possession and against the partial modification by the lower appellate Court whereby she has been held entitled to the relief of Rs. 70,000/- with 6% interest from the date of institution of the suit from defendant No.1.

(2.) The suit was filed on the ground that the defendants were the sons of the plaintiff's real brother, Rampat and that in the year 1988, they had played a fraud with her by getting blank papers thumb marked on the ground that her land was being acquired for the purpose of construction of JNL canal. Defendant No.1 had misused the thumb mark and got a general power of attorney in his favour on 08.09.1988 and thereafter, executed sale deed in favour of defendants No.2 & 3 who are his real brothers for Rs. 70,000/- on 09.09.1988. Accordingly, it was contended that the said general power of attorney and sale deed was also not binding upon the plaintiff.

(3.) The suit was contested by the defendants and it was pleaded that she had sold her share and no compensation amount was due in the year 1988 in respect of the land acquired for the JLN canal and the amount of Rs. 70,000/- had been paid to the plaintiff in the presence of Jai Narain, ExMember Panch, Ram Kishan, Panch and Prem Sukh, Lambardar. The trial Court framed the following issues: