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1974 Supreme(Gau) 29

BAHARUL ISLAM
Guljan Bibi – Appellant
Versus
Nazir-uddin Mia – Respondent


Advocates Appeared:
T. Bhubon Singh, A. Nilamani Singh

Judgement

This appeal is from the judgment and decree in Civil Appeal No. 49 of 1971 passed by the District Judge, Manipur, reversing the judgment and decree passed by the Court of Munsiff, Manipur, in O. S. No. 3 of 1970.

2. The plaintiffs suit is for declaration that the sale deed dated 22-5-1968 purporting to transfer her ingkhol measuring 67 acre of land to the defendant is void on the ground of fraud, misrepresentation and undue influence. The material facts of her case may be stated. She is an illiterate Pardanashin widow. The defendant is her son-in-law. She, being alone has been living on the aforesaid land with the defendant and his wife Sherajan Bibi, daughter of the plaintiff, she reposed complete confidence in the defendant. The plaintiff agreed to make a gift of the land to her daughter. Accordingly, on 22-5-1968 the defendant took her to Thoubal, where, she was told, the gift would be effected but there, instead, he managed to draw up the impugned sale deed and obtain her thumb impression on it on the representation that that document would be necessary for mutating the name of her daughter, Sherajan, in respect of the land as a gift by her. The document was registered

















































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