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2018 Supreme(Ori) 90

A.K.RATH
Rukmani Dei (since dead) through L. Rs. – Appellant
Versus
Rahas Bihari Baral – Respondent


Advocates Appeared:
For the Appellant :Mr. Abhijeet Pal, Advocate
For the Respondent:Mr. S.N. Mishra, Advocate

JUDGMENT :

A.K. Rath, J.

Plaintiff is the appellant against a reversing judgment. The suit was for declaration of title, confirmation of possession and to set aside the sale deed dated 26.3.84/27.3.84 as fraudulent and invalid.

2. The case of the plaintiff was that she had purchased the suit land by means of a registered sale deed dated 20.10.59. Her husband was ailing for a considerable period. Some disputes were raised by the boundary tenants of the suit land. The original defendant was an agnatic relation of her husband. He approached her to execute a power of attorney in his favour, so that he will look after the suit land on her behalf. Believing him, she went to the Sub-Registrar’s Office and executed the deed. According to her, it was a power of attorney. Thereafter, the defendant threatened her to dispossess from the suit land stating that he had purchased the suit land. She obtained the certified copy of the sale deed and came to know that in the garb of a power of attorney, the defendant snatched away the document in shape of a sale deed. No consideration was paid to her. She is an illiterate pardanashin lady and only knows how to sign her name. With this factual scenario, s















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