SMT. SAVITRI Vs. SMT. MAHANTI AND OTHERS

JUDGEMENT

(1.) The plaintiff/appellant (herein after referred to as plaintiff), has preferred the instant Regular Second Appeal under Section 100 of the Code of Civil Procedure against the concurrent findings recorded by the Courts below, whereby her suit for declaration with consequential relief of permanent prohibitory injunction and in the alternative for possession came to be dismissed.

(2.) The predecessor-in-interest of the plaintiff filed a suit for declaration to the effect that the sale deed dated 27.12.1995 executed by the original plaintiff Smt.Shardho in favour of defendant was illegal, null and void and in the alternative a decree for possession was prayed for.

(3.) Briefly stated the case of the plaintiff was that the suit land as shown in para 1 of the plaint was owned and possessed by deceased plaintiff, who was her mother. It was claimed that the original plaintiff was deaf and dumb and could not understand her good and bad, as she was born mentally ill. Smt. Savitri, the present appellant claimed herself to be the next friend of the plaintiff and on coming to know on 27.12.1995 that the defendant had got a sale deed registered in his favour by obtaining thumb impression of Shardho, filed the suit for declaring the sale deed as illegal, null and void.