LEKHRAM Vs. CHANDANIABAI

JUDGEMENT

(1.) . This is a defendants first appeal filed under section 96 of the Civil Procedure Code against the judgment and decree dated 23 -2 -1999 passed by the 1st Additional District Judge, Seoni in civil suit No. 5 -A/89.

(2.) THE plaintiff/ respondent filed a suit for declaring the sale deed executed by her to be void and not binding on her and for declaration of title and for possession of the suit property.

(3.) ON 5 -6 -1987, the defendant No. 3 took her to Seoni for execution of the Will. Taking advantage of her old age and illiteracy, the defendant No. 3 committed fraud with the plaintiff and in the garb of execution of the Will he got executed a sale deed from plaintiff in favour of his sons defendant Nos. 1 and 2. The plaintiff came to know about this fraud only a month prior to the filing of the suit when village Kotwar informed her that the name of defendant No. 3 has been recorded in the revenue records. On this, the plaintiff came to Seoni and enquired about factual aspect of the matter and was informed that on 5 -6 -1987 the document executed was sale deed. The case of the plaintiff was that the defendant No. 3 taking advantage of their relationship fraudulently got executed the sale deed from her. At the time of execution of the alleged sale deed the value of land was not less than Rs. 70,000/ - and therefore there was no question of selling it for Rs. 30,000/ -.