KAMAL KANT PALIWAL Vs. PRAKASH DEVI PALIWAL

JUDGEMENT

(1.) This is a plainliff's first appeal whose suit for concellation of trust deed has been dismissed by the District Judge Jaipur City.

(2.) This suit is by Kamal Kant Paliwal against his own mother Prakash Devi Paliwal, his maternal uncle Jaidev Sharma and his two minor children Kumari Nidhi and Anurag his son. It has been alleged in the plaint that a plot of land situate at Moti Doongri Road Jaipur measuring 4085.5 sq. Yds. was purchased by Smt. Prakash Devi from Urban Improvement Board, Jaipur under a sale deed dated 14-4-1952 in the name of Shri Jaidev Sharma, defendant No. 2, for and on behalf of the plaintiff. It was stated that the purchase of the plot was Benami and the consideration of the plot was paid by Prakash Devi out of the funds received by the plaintiff from his grand-parents, uncles and other relations from time to time. According to the plaintiff his mother suggested to him sometime in the month of January, 72 that he should execute general power of attorney in favour of his mother and the maternal uncle as to facilitate raising of money from the plot. He agreed. On 12th January, 1972, the trust deed in question was got executed and it was got registered. The plaintiff signed the said document without reading the same treating it as a general power of attorney. In September, 1972 he came to know that the document got executed by him on 12-1-1972 was not a general power of attorney but a trust deed. His averment is that his consent has been obtained to execute the document in question by practising fraud upon him. He has prayed for a declaration that the document of declaration of trust dated 12-1-1972 is null and void and it does not affect the plaintiff's right and title to the land covered by the trust deed.

(3.) Curiously enough Smt. Prakash Devi defendant No. 1 admitted the allegations of fraud by her written statement dated 1-11-1972. Likewise Jaidev Sharma defendant No. 2 admitted the averments of fraud made by the plaintiff. The two minor children, defendants Nos. 3 and 4 were represented by Smt. Hansa Paliwal, their mother and wife of the plaintiff as guardian-ad-litem. She also admitted the allegation made in the plaint.