A sale deed executed by a person who is unable to see, without the document being read over and explained to him, and without consideration, is void.

G. B. PATTANAIK, J.

( 1 ) DEFENDANTS are the appellants against a confirming judgement in a suit for declaration of title and recovery of possession.

( 2 ) ACCORDING to the plaintiff's case, her father Jadumani Misra was the owner of the suit property and was possessing the same till his death in the year 1963. After his death, the plaintiff as his heir became the owner of the property and possessed the suit land. In the year 1975, the defendants prevented the plaintiff from going upon the land alleging that they have purchased the same in the year 1962. The plaintiff on enquiry came to learn that the defendants have managed to get a fraudulent sale deed from her father on 14-9-1962 by exercise of fraud and undue influence without payment of any consideration and without the document being read over and explained to late Jadumani Misra and, therefore the sale deed is void and no title has passed on to defendant 1 on the basis of the said sale deed. The defendants were never in possession of the suit Land. As the plaintiff's possession was threatened as stated earlier the present suit was filed.

( 3 ) THE defendants to filed a joint written statement and according to them Jadumani even though was old but did not lose his power of understanding and was mentally fully alert. He executed the sale deed after fully understanding the contents thereof and the sale deed is valid and conferred valid title on the defendants. According to them the defendants and Jadumani were residing in the suit house and after Jadumani's death the defendants remained in possession of the same and the plaintiff never remained in the suit house. Further the house in question has been recorded in the name of defendant 1 during the life time of Jadumani in spite of the objection of the plaintiff and the plaintiff knew about the execution of the sale deed by her father long since. Therefore, the suit is barred by limitation. It is pleaded that the suit is undervalued and proper court-fee has not been paid. The defendants made an averment in the written statement to the effect that an the date the father of the plaintiff executed the sale deed in their favour, also executed a deed of gift in favour of the plaintiff in respect of some of his lands.

( 4 ) ON these pleadings the learned Munsif framed as many as 10 issues and recorded the following findings :- (I) The plaintiff's father was unable to see at the

time of execution of Ext. A, the sale deed in favour of the defendants. (ii) The evidence of P. Ws. 1 and 3 that the plaintiff's father lost power of understanding cannot be believed. (iii) Although Ext. A was read over to the plaintiff's father, yet it was not explained to him and he did not understand the contents thereof. (iv) Ext. A has not been validly executed and is not supported by consideration. (v) Since passing of title is dependent on the passing of consideration, no title passed to defendant 1 on the basis of Ext. A. (vi) The defendants unauthorisedly dispossessed the plaintiff from the suit land in the year 1975 after the death of her father. (vii) The suit being one based on title and the plaintiff having come to know of the sale deed after the death of her father in the year 1975, the suit is not barred by limitation. On these findings the suit was decreed.

( 5 ) ON appeal, the lower appellate Court affirmed the finding of the trial Court to the effect :-"it is manifest, therefore, that the illiterate vendor did not understand the nature of the transaction. "it was further held by the lower appellate Court that admittedly the vendor had a very week eyesight and he was unable to see clearly and the defendants failed to establish that Jadumani executed the sale deed, Ext. A clearly understanding the purport and nature of the transaction : Since Jadumani was admittedly an old man of 90 years and was an illiterate person, title does not pass under Ext. A as he did not execute Ext. A after knowing and understanding the contents thereof. The