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1984 Supreme(Pat) 277

P.S.MISHRA
Sita Kueri – Appellant
Versus
Basisth Narain Tiwary – Respondent


Judgment

1. This appeal by the defendants in a suit for declaration that sale deed executed by the father of the plaintiff-respondent is void is directed against the judgment and decree in Title Appeal No.

2. The relevant facts, in short, are as follows :-

The plaintiffs father, who was illiterate and addicted to intoxication and was virtually insane, executed a sale deed on 19-9-1940 in favour of Laxmi Ahir, husband of defendant No. 1 and father of the other defendants for a nominal price. According to the plaintiff, the sale was without any legal necessity. The property conveyed under the sale deed (fully described in Schedule I to the plaint) was worth more than Rs. 3,000.00 at the relevant time, but was sold only for a consideration of Rs. 400.00 inclusive of the mortgage money amounting to Rs. 393A and odd. The plaintiff was in his mothers womb when the sale deed was executed. When he attained majority, he realised that he had full claim upon the property and the defendants were illegally trying to dispossess him. He, accordingly, filed the instant suit, in forma pauperis. Defendants, however, in the written statement maintained that the sale in question valid. The price paid w



















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