GURMAIL SINGH (DECEASED) Vs. AMAR NATH AND OTHERS

JUDGEMENT

(1.) Plaintiff had filed the suit for possession of the property in dispute and declaration that the sale deed alleged to have been executed by him in favour of defendants No. 1 to 4 dated 21.12.1981 was illegal, null and void.

(2.) The case of the plaintiff, in brief, was that he was owner of the land measuring 11 Kanals 13 Marlas i. e. 1/3rd share out of land measuring 34 Kanals 18 Marlas as described in the head note of the plaint. The land in dispute was in possession of defendants No. 5 and 6 as co-sharers. The plaintiff and his brothers (defendants No. 5 and 6) had purchased the land measuring 34 Kanals 18 Marlas vide two sale deeds dated 4.7.1973 for a consideration of Rs 22,000/-. The possession of the said land was delivered to defendants No. 5 and 6 on 4.7.1973.

(3.) Ranjit Singh father of defendants No. 1 to 4 and defendant No. 1 took the plaintiff to Machiwara on 18.12.1981 at 10.00 A. M. and kept him in custody. Plaintiff was threatened with dire consequences and was tortured mentally and physically. Some intoxicants were administered to the plaintiff. Plaintiff was an opium addict. Under the effect of intoxicant, defendants No. 1 to 4 got prepared the sale deed dated 21.12.1981 by obtaining his thumb impressions fictitiously. No sale consideration was paid to the plaintiff. Plaintiff had studied upto 5th class and could easily read and write Punjabi language. Hence, there was no occasion for him to have thumb marked the sale deed. The brothers of the plaintiff, after coming to know about his abduction, had sent registered letters to the Station House Officer, Machiwara and Deputy Commissioner, Ludhiana for taking necessary action.