POGI KUER Vs. NAGESHWAR PRADHAN

JUDGEMENT

(1.) IN this Second appeal the following substantial question of law is to be decided :

(2.) THE aforesaid question arose out of the following facts. Pogi Kuer, appellant, was the plaintiff in the original suit. She belongs to scheduled caste. The disputed land is situated in village Turundu. police station Kamdara. District Gumla (at the relevant time Distt. Gumla was not in existence) and the district was Ranchi. The suit land was recorded in the name of Dukha Pradhan. who died issueless and plaintiff became the only heir claiming through Nanglay and she inherited the said lands. She was in need of money and she wanted to mortgage the said land with the defendant No. 1, who is respondent No. 1 in this appeal. Defendant agreed to the proposal of the plaintiff and took her to Ranchi but by practising fraud he got the sale deed executed by the plaintiff. The plaintiff as a matter of fact was made to believe that the deed in question was a mortgage deed but when she learnt about the fraudulent act of the defendant No. 1, she cancelled the deed dated 31.3.1980 by a cancellation deed on 27.1.1981 and the fact was that the plaintiff never parted with possession of the land and the suit land was in her possession for all practical purposes. Defendant No. 1 on the basis of that deed got his name mutated and the C.O. Kamdara. rejected the objection of the plaintiff. Consequently, the suit was filed by the plaintiff -appellant for a decree that the sale deed in favour of defendant No. 1 is null and void and binding on her and for a confirmation of her possession and in alternative for recovery of possession.

(3.) THE learned trial Court after hearing the parties framed the following issues :