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1954 Supreme(Cal) 123

K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
SONIA PARSHINI – Appellant
Versus
SHEIKH MOULA BAKSHA – Respondent


Advocates Appeared:
NILKANTHA CHATTERJEE, NIRMAL CHANDRA CHAKRAVARTY, RABINDRA NATH BHATTACHARJI

DEBABRATA MOOKERJEE, J.

( 1 ) THE question raised in this appeal is whether a deed of sale executed by an illiterate woman without the benefit of independent advice is subject to the same jealous scrutiny of the Court as an instrument executed in similar circumstances by a pardanashin lady strictly so-called.

( 2 ) THE plaintiff who is the appellant before us instituted a suit out of which this appeal arises for a declaration that a kobala (Ex. 3), dated 10-8-1943, executed by her purporting to transfer to the defendant her homestead land with structures thereon, was invalid, inoperative and unenforceable in law. The allegation is that as a result of undue influence brought to bear upon her by the respondent and the misrepresentation and fraud practised by him, she had been induced to execute the impugned document without knowledge and understanding of its contents.

( 3 ) THE case made by the plaintiff appellant is that having been left a sonless widow five years ago she inherited her husband's property, the subject-matter of the dispute, which is a homestead consisting of 18 rooms partly brick-built with necessary conveniences within the limits of Bhatpara municipal area. Most











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