The principles applicable to the execution of documents by pardahnasin or illiterate ladies are not applicable to a case where the plaintiff is not a pardahnasin lady and is possessed of sufficient means and properties.

BEHERA, J.

( 1 ) CHALLENGE in this appeal is to the findings recorded by the trial court holding that the two deeds including Ext. A executed in favour of the appellant who had figured in the court below as the defendant 1, the other defendant being Akhi Dei who did not put in her written statement in the trial court and had not examined herself either, purported to be deeds of gift in respect of the entire properties of the plaintiff Labanya Bewa, the respondent 1 herein, including the homestead land, had been executed fraudulently and by misrepresentation giving the impression to the executant that she was to execute a power-of-attorney in favour of her two sons, the husbands of the donees-defendants, to look after the properties owing to the old age and illness of Labanya who had instituted the suit for a declaration that the defendants had not acquired any right or title over the properties covered by the two deeds registered on March 20, 1968, as the deeds were illegal, fraudulent, invalid and inoperative in law and not binding on Labanya. The case of the defendant 1 Musi Dei was that knowing fully well the contents of the two documents and with full knowledge, Labanya had gifted away her properties executing the two gift deeds, one in her favour and the other in favour of her other daughter-in-law who had figured as the defendant 2 and there had been no fraud or misrepresentation practised on the executant who had earlier got her lands apportioned in favour of her two sons - Balaram, husband of the defendant 1 and Banshidhar, husband of the defendant 2 - who had also married earlier another lady and these transfers had been effected with the consent of Nira, the married daughter of Labanya, who had also signified her consent in the two deeds of gift by putting her left thumb impressions. The pleadings of the parties have been set out in details in the impugned judgment.

( 2 ) THE plaintiff and the defendant 1 went to trial and examined witnesses on their behalf. The case of the defendant 1 was that at the instance of Banshidhar, the husband of the defendant 2, Labanya had instituted a false and frivolous suit. Reliance was placed by the contesting parties on oral and documentary evidence.

( 3 ) ON a consideration of the evidence, the learned Subordinate Judge has accepted the case of Labanya after keeping on record the well-settled principles of law relating to execution of documents by pardahnasin and/or illiterate ladies. The learned Subordinate Judge has held that the executant was not a pardahnasin lady, but she was illiterate and had not been able to read manuscripts although she was able to sign her name.

( 4 ) THE trial court has reached the conclusion that on the facts and in the circumstances of the case, the deeds of gift had not voluntarily been executed by Labanya and had fraudulently been obtained from her. The trial court has, however, held that the evidence would lend support to the claim of the defendant No. 1 that she had been in possession of the properties separately and Labanya was not in possession thereof and therefore, the relief for permanent injunction could not be granted.

( 5 ) APPEARING on behalf of the sole appellant Musi Dei (defendant 1), Mr. Ram has challenged the findings recorded by the learned Subordinate Judge against the appellant as unfounded and has submitted that regard being had to the literacy of the plaintiff-respondent 1 and the fact that she had been doing business independently for a long period and she was neither a pardahnasin nor illiterate lady, the principles applicable to the execution of documents by such ladies were not to be applied, as has been done by the learned Subordinate Judge. It has also been submitted that the evidence adduced from the side of the appellant would clearly show that fully understanding the nature and contents of the two documents which had not only been read over and explained to her, but had also been perused by her personally, the respo