LAWS(PAT)-1997-4-35

RAMDEO RAI Vs. KAPILDEO SINGH

Decided On April 09, 1997
RAMDEO RAI Appellant
V/S
KAPILDEO SINGH Respondents

JUDGEMENT

(1.) This is the first appeal against the judgment and decree dated 27th February, 1976 passed by Sub-Judge, Siwan in Title suit No. 405 of 1972, where the trial Judge dismissed the suit of the plaintiff.

(2.) The plaintiff-appellant filed the suit for declaration that the plaintiff is owner of the properties given in Schedules 1 & 2 of the plaint and that the defendants have got no right, title and interest.

(3.) The case of the plaintiff is that the plaintiff is owner and is in possession of these properties; that the agricultural land given in Schedule A is fertile and gives the yield of Rupees eighty thousand in two years; and the plaintiff and his wife are living and their children died at an early age, and the plaintiff is an illiterate man of 60 years of age with no issues; that the defendants and their associate Mohan Lai live in the house close to the house of the plaintiff and they had been visiting the plaintiff often, and the plaintiff had full faith in the defendants and their associate Mohan Lai; that the defendants told this plaintiff that Ramadhar was selling his land at interest and the plaintiff might be a witness to the sale deeds being executed by Ramadhar Singh; and the plaintiff agreed to this suggestion of the defendants, and the plaintiff came thrice to the Registration Office, and the plaintiff put his thumb impression on the blank stamp papers at different intervals thrice outside the Registration Office; that later on the plaintiff came to know that the defendants got prepared the sale deeds said to be executed by the plaintiffs in favour of the defendants on 15th January, 1971, 17th August, 1971 and 24th September, 1971; that no sale consideration was received by the plaintiff and that the necessity shown in the sale deeds are all false; that all these three sale deeds are forged, fraudulent and void being without consideration.