DASODIYA Vs. ADITYA PRASAD
LAWS(MPH)-2014-1-57
HIGH COURT OF MADHYA PRADESH
Decided on January 07,2014

Dasodiya Appellant
VERSUS
ADITYA PRASAD Respondents

JUDGEMENT

- (1.)Heard on the question of admission. The instant second appeal is directed against the concurrent judgment and decree dated 23/7/2012 passed in Civil Appeal No.15 -A/2011 by Additional District Judge, Singrauli affirming the judgment and decree dated 19/4/2011 passed in Civil Suit No.24 -A/2007 whereby the suit filed under Sections 34 and 38 of Specific Relief Act, 1963 seeking declaration of title and declaration of sale deed dated 31/7/2007 executed in favour of defendants 1 and 2 by late Bachchu Lohar be declared as null and void, has been dismissed.
(2.)The facts necessary for disposal of this second appeal are that admittedly the suit land was owned by original -defendant No.3 -Bachchu Lohar who died later on. A sale deed dated 31/7/2007 has been executed by late Bachchu Lohar in favour of defendants 1 & 2 and after execution of sale deed Bachchu Lohar had died.
Plaintiff and defendants 3 and 4 are the daughters of Bachchu Lohar.

(3.)The plaintiff has assailed the aforesaid sale deed on the ground that her late father Bachchu Lahor had suffered paralytic attack in the year 2007. He was not in good mental and physical condition but defendants 3 and 4 under the pretext of providing treatment to late Bachchu Lahor, their father, had taken him from village to Sidhi and after obtaining his thumb impression on the sale deed dated 31/7/2007 fraudulently, executed the same and, therefore, the sale deed is a forged document prepared fraudulently. Further relief claimed that she be declared 1/4 th share in the suit property being daughter of Bachchu Lohar.


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