KAMLESH @ MEMO DEVI Vs. DHOOM SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff-Puran Chand filed the instant suit seeking the following relief:

(2.) As per the averments made, it was the case of the appellants that plaintiff Puran Chand was an illiterate person and being in advanced age was not keeping good health and taking undue advantage of this fact, the respondents and their mother Krishna got a sale deed executed and registered with regard to the land measuring 54 Kanals 14 Marlas, as detailed in the plaint, by playing fraud upon him as no consideration was ever passed on to him, and it was the plaintiff who had been supporting the family of the defendants out of the income of the suit property, and thus, the aforesaid sale deed was illegal and being based upon a fraud, was not binding upon the plaintiff.

(3.) Upon notice, the suit was contested by the defendantrespondents admitting the relationship between the parties, and further admitting that their mother Krishna was married with Shish Pal but it was further pleaded that Rambir son of Krishna was living with plaintiff Puran Chand and he used to say that he has been adopted by Puran Chand. The plaintiff had also given a valid power of attorney to said Rambir. The plaintiff, through his general power of attorney, entered into an agreement to sell the suit land to the defendants on 02.05.2000 but later-on, the plaintiff and said Rambir became dishonest and tried to alienate the suit land to some other person which forced defendant No.1 to file a suit for permanent injunction which was still pending. It was pleaded by the defendants that the plaintiff had sold the suit land for valuable consideration to the defendants out of his free will on account of legal necessity and no fraud was ever played upon him and the defendants were owners in possession of the suit land in pursuance to the sale deed and thus, dismissal of the suit was prayed for.