A.N.VARMA, J. - (1.) THIS is a defendants' appeal arising out of a suit for cancellation of the sale deed. The suit was decreed by the trial court and on appeal filed by the defendants the same was dismissed and the decree passed by the trial court was affirmed.
(2.) SMT . Sumera Devi, filed a suit for cancellation of sale deed dated 25-6- 1975, said to have been executed in favour of Ram Manohar, on the ground that she was an old, infirm and illiterate lady having two daughters whose sons used to manage the agricultural affairs of the plaintiff. In 1977, her maternal grand-son, Raja Ram learnt about the sale deed in favour of Ram Manohar by the plaintiff, which fact was got enquired by her. According to Smt. Sumera Devi, she had not executed any sale deed in favour of Ram Manohar and the same was got executed by an imposter impersonating her and was registered in the Registrar office. Her case was that no consideration was paid. On these counts, the suit was filed for cancellation of sale deed. Ram Manohar and Chandrika Prasad the defendants filed a joint statement wherein the plaint allegations were denied. It was asserted that as Sumera Devi was in need of money, therefore, she agreed to sell the property to the defendants. Since the permission of Settlement Officer, Consolidation was also required, therefore, Rs. 12,000/- was given in advance and remaining Rs. 3,000/- was required to be paid before the Registrar at the time of the execution of the sale deed. On 25-6-1975, the sale deed was executed and was registered in Sub-Registrar's office. A sum of Rs. 3,000/- was paid, and possession was handed over to the defendants. It was denied that the sale deed was executed by an imposter.
(3.) ON the pleadings of the parties, following issues were framed. English translation of which is as follows : 1 - Whether the alleged sale deed dated 25-6-1975 is liable to be cancelled on the basis of the averments made in the plaint ? 2 - Whether the lady who filed the suit is not Sumera ? If so, its effect. 3 - Whether this court has no jurisdiction to try the suit ? 4 - Whether the suit is barred by time under the Indian Limitation Act ? 5 - Whether the plaintiff is entitled to any relief? ;