1. The respondents herein filed the Title suit No. 5 of 2004 in the Court of Civil Judge, Jr. Division, West Tripura, Agartala against the petitioner herein for specific performance of contract for sale of homestead land of the petitioner. After receiving summon from the Court the petitioner who is a lonely lady aged more than 70 years and suffering from cancer could realize that the respondents by fraud obtained her signature on the agreement for sale which she believed to be an agreement for tenancy.

2. The respondents being husband and wife looked after the petitioner and in due course attained her trust. They approached her to enter into an agreement of tenancy of constructing a building and believing them she executed the agreement which was for sale. Shocked as she was, she filed a writ ten statement in the said suit and along with it she filed a written counter claim under Order VIII, Rule 6 A CPC for a decree quashing the agreement dated 28-11-2003 which was the result of fraud and deception. The said counter claim was registered and numbered as Title Suit No. 27 (Counter Claim) of 2004 arising out of Title Suit No. 5 of 2004 and both were taken together for hearing. Bu