ANGOORI DEVI Vs. DALBIR SINGH

JUDGEMENT

(1.) The application is allowed for the reasons stated therein. Delay of 12 days in re-filing the appeal is condoned. CM-2617-C-2019 For the reasons mentioned in the application, the same is allowed.

(2.) The facts of the present case are that plaintiff/respondent No. 1 Dalbir Singh through his maternal uncle/guardian Mahavir Singh had sought declaration to the effect that the sale deed dtd. 25/2/2008 (Ex. P-7) and subsequent mutation sanctioned on the basis of the said sale deed are illegal, null and void. The plaintiff-respondent No. 1 had also sought declaration that the mortgage deed dtd. 3/4/2008 (Ex.P-8) and Rapat No. 363 dtd. 3/4/2008 are also illegal, null and void and are not binding on his rights as after executing the sale deed dtd. 25/2/2008, the suit property stands mortgaged by the appellants/defendants No. 1 and 2 with Haryana Gramin Bank, Jind, respondent No. 2. Respondent No. 1-plaintiff is a person of sub normal mind residing under the custody of his maternal uncle Mahavir Singh. Respondent No. 1/plaintiff is the owner in possession of total 28 kanals 16 marlas of land. On 8/3/2008, it came to the knowledge of respondent No. 1-plaintiff that his land has been transferred in the name of appellants by misrepresentation and fraud by executing a sale deed which is illegal and liable to be set aside. It is the further case of respondent No. 1/plaintiff that on 2/2/2008, his maternal uncle Randhir Singh along with his son- in-law came to his village and took him along on the pretext of medical check up. Respondent No. 1/plaintiff was not competent to execute and register the sale deed being sub-normal mind person.

(3.) On the pleadings of the parties, following issues were framed by the trial Court on 27/8/2008:-