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2010 Supreme(SC) 142

V.S.SIRPURKAR, S.S.NIJJAR
Santosh – Appellant
Versus
Jagat Ram – Respondent


Judgment :-

V.S. SIRPURKAR, J.

This is an appeal by a helpless widow, who has become a prey of the greed of her own elder brother in law and is deprived of her properties in a fraudulent manner. As per the pleadings, Smt. Santosh (appellant herein), the original plaintiff, lost her husband Chander Pal in the year 1985. She is issueless. Chander Pal, at the time of his death, owned a land to the extent of 36 kanals 7 marlas out of the total land measuring 80 kanals 1 marla comprised in khewat No. 64 khatoni No. 96 and 97 as per Jamabandi for the year 1975-76 situated at Village Kotia, Tehsil and District Mahendragarh. After losing her husband in the prime of youth, she had nobody to look forward to. Respondents are the sons of one Daya Ram, who was the real brother of Chander Pal. Appellant was approached by Daya Ram (DW-4), who convinced her to accompany him to Courts of Mahendragarh, so that the mutation of the properties inherited by her from her husband could be made and the properties could be recorded in her name. Believing him, she accompanied him to Mahendragarh, where her thumb impressions were obtained on 3-4 papers. She was also asked to say `yes if she was asked any quest




















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