DEVKOO Vs. RAMA DOGRA

JUDGEMENT

(1.) Smt. Devkoo as next friend of Sh. Gehru has Instituted the instant suit in forma pauperis. Said Snot. Devkoo stated herself to be bis wife having no interest adverse to Shri Gehru and. therefore, a fit person to act as his next friend Unsoundness of mind/idiocy of said Sh Gebru is the major nevertheless an interesting basic question amongst others which has arisen for determination of this Court. As per the averments of the Plaintiff, Shri Gehru was a deaf and dumb person possessing low intelligence and he suffered disability at all material times throughout namely, at the time of execution of General Power of Attorney, and two alienations under challenge dated 4-10-1962 (Ex. D-2) and 31-7-1971 (Ex. D-1). Shri Gehru died during the pendency of the suit in the year 1983 and his legal representatives namely, Smt Devkoo, who was acting as his next friend and Smt. Kimtu, his daughter, have been substituted in his place subject to just legal exceptions.

(2.) In the plaint the two alienations referred to above have been assailed on the ground of sale being without consideration and incompetency of said Shri Gehru to enter into a legal contract. Besides his General Attorney Smt Sobhi, his wife being not legally authorised to sell the land under the aforesaid two sale-deeds The additional ground for assailing the second sale dated 31-7-1971 (Ex. D-l).has been alleged to be the result of collusion in between Smt. Sobhi, the seller and Shri Charan Dass Dogra, the buyer. It is further alleged that the first sale dated 4-10-1962 (vide Ex D-2) pertaining to 112 bigbas was for ostensible consideration of Rs. 6,000 and that of second sale dated 31-7-1971 (vide Ex. D-1) pertaining to 4.10 bighas for an ostensible consideration of Rs. 20,000 but said vendee Shri Charan Dass Dogra in partition got himself allotted land to the extent of 12 10 bighas instead of 4.10 bighas in collusion with Smt. Sobhi, the Plaintiff. Besides, Plaintiff has further averred tha the said vendee had firstly, knowledge that the General Power of Attorney in favour of Smt. Sobhi was null and void ab-initio on account of disability suffered by Shri Gehru aforesaid and second, that in such circumstances no permission of the Court for selling the land indispute had been sought for. As per the Plaintiff, the cause of action arose on 28-8-1962 when General Power of Attorney was executed by Shri Gehru in favour of his wife Smt. Sobhi, on 4-10-1962 when sale-deed Ex. D-2 was executed by Smt Sobhi in favour of Shri Charan Dass Dogra and 31-7-1971 when second sale-deed was executed by the said General Attorney in favour of Sh. Charan Dass Dogra aforesaid.

(3.) Defendants are legal representatives of late Sh. Charan Dass Dogra, an Advocate. They have resisted and contested the suit on legal grounds by raising preliminary objections with respect to locus standi of Smt. Devkoo as next friend, valuation, limitation, maintainability of the suit, mis-joinder of causes of action and estoppel.