(1) This is a plaintiff™s appeal in a suit for declaration that the sale deed registered on 18th of Maghar, 2004 by defendant No. 1. Uttam Nath in favour of the contesting defendants is null and void as the executant being congenitally insane was a person of unsound mind. The plaintiffs case was that Uttam Nath was the full brother of the appellant but as he was congenitally insane, he was excluded from inheritance and the entire property was inherited by the appellant who was in possession of the same. By a sale deed registered on 18th Maghar, 2004 Uttam Nath sold the entire property consisting of 23 Kanals and 10 Marlas in village Khaniyar in favour of the contesting defendants. The plaintiff further avers that inspite of the sale deed, the plaintiff was in possession of the entire lands in dispute and that certain persons taking advantage of the insanity of his brother got various sale deeds and transfers executed by him.

(2) The suit was contested on the ground that the defendant Uttam Nath was not a person of unsound mind but was a fully same person capable of looking after his interest and had been managing his properties as a prudent owner and that the sale deed was for consi

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