- (1.) The present second appeal has been filed by defendant Nos. 1 and 2 against the judgment and decree dated 16.2.1998 passed by Additional District Judge/Special Judge Moradabad in Civil Appeal No. 98of 1991 seeking the relief of setting aside the impugned judgment and decree passed by the first appellate Court and upholding the judgment and decree dated 4.2.1991 passed by the Trial Court in Civil Suit No. 236 of 1985 by which the plaintiff's suit for cancellation of sale-deed was dismissed with costs.
(2.) The brief facts relating to the case are that Sri Dharam Veer Singh filed Civil Suit No. 236 of 1985 in the Court of Civil Judge Moradabad on 12.4.1985 for obtaining a decree for cancellation of sale-deed dated 17.9.1984 which is alleged to have been presented for registration in the office of Sub-Registrar on 19.10.1984 and was registered on 21.12.1984.
(3.) In the suit was filed by Sri Dharm Veer Singh, through his next friend Lakhpat Singh, claiming himself (Dharam Veer Singh) to be a person of unsound mind, the allegations of plaint in brief are that, the plaintiff has 1/3rd share in the property plot Khasra Nos. 403, 422, 423 and 444 detailed at the foot of the plaint; that at the time of execution of impugned sale-deed, the plaintiff was not a person of sound mind, was not capable of understanding the contents of sale-deed and was not even able to understand as to why and on which papers he is putting his thumb impressions; that the impugned sale-deed was obtained in hurried and unnatural manner and was not read over or explained to the plaintiff; that the plaintiff did not receive any sale consideration and execution of sale-deed for a sum of Rs. 50,000/- is without consideration; that the land in question was worth Rs. 1,50,000/- at the time of execution of alleged sale-deed; that no permission to sell was obtained from the District Judge; that the plaintiff had no need to sell the property, over which the plaintiff and his family was totally dependent; that the impugned sale-deed has been obtained by playing fraud on the plaintiff without obtaining the consent of his wife and relatives.;