The burden of proof is on the person relying on a document executed by an illiterate, old, ailing paradanashin lady to prove that the document was read over and explained to her, that she understood its contents, and that she had independent advice.

JUDGMENT :

A.K. Padhi, J. - Both the appeals arise out of one judgment as both the suits were heard analogously. Title Suit No. 17 of 1977, the judgment and decree of which is challenged in First. Appeal No. 293 of 1978 was filed by one Sandhyarani paul for declaration of title regarding schedule 'A' properties of that suit and for recovery of possession with ancillary reliefs. In First Appeal No. 292 of 1978 the judgment and decree passed in Title Suit No. 9 of 1977 are challenged. By Plaintiff Jogamaya Paul filed suit for declaration of her title and recovery of possession of Schedule 'A' properties described in that suit. In both the cases the Defendants are same and the facts alleged in both the cases are similar.

2. In both the suits, it is averred that Keshab and Kailash were two brothers who were separated from each other. Kailash died issue-less leaving his widow Saraswati Bewa. Defendants are the sons of Keshab. Kailash had acquired considerable amount of landed properties from his own earning to which Saraswati succeeded as his sole heir. As Saraswati became ailing and subsequently it was opined that she was suffering from uterus cancer she needed money for her medical treatment. Saraswati contacted both the Plaintiffs (Sandhyarani and Jogamaya) and took advance of Rs. 1,000/- from each on 5-11-1976 and thereafter on 10-11-1976 Saraswati conveyed the disputed properties in both the suits by registered sale deeds accepting the balance amount of Rs. 5000/from each of the Plaintiffs in presence of the Sub-Registrar. Saraswati died on 12-12-1976-Both the Plaintiffs applied for mutation which was objected to by the Defendants. The Defendants also prevented the Plaintiffs on 23-1-1977 from possessing the suit land which necessitated the filling of the suit.

3. Defendants filed their written statement alleging therein that Sarswati was ailing for a long time. The husband of 'Sandhyarani Paul, Dr. Nityananda Paul was treating her Radhashyam Paul, husband of Plaintiff in Title Suit No. 9 of 1977 is the nephew and also the compounder of Dr. Nityananda Paul. Both Radhashyam Paul and Nityananda Paul exercising undue influence, taking advantage of the helplessness of Saraswati, took away two sale deeds in favour of their respective wives without payment of consideration. At the time of execution of the sale deed Saraswati was not in a condition to move about due to the prolonged illness.

She was not in fit condition to understand her actions. After the death of Kailash. Saraswati was dominated by her brother Umakanta and her cousin sister's son Makhan alias Baidyanath Paul.

Kailash had left sufficient landed property and she was very affluent. There was no need for-Saraswati to sell any property to raise any fund. Not only the present Plaintiffs have taken away by fraudulent deeds, but also Umakanta, the brother of Saraswati had taken away by fraudrilent deed 'from Saraswati - in respect of the dwelling house with its homestead lands. All these fraudulent actions of the Plaintiffs were with the connivance of Kanhei and Makhan and the scribe and his associates. They also got the sale deeds registered when the Sub-Registrar was absent. Since the sale deeds have been obtained by fraud, coercion and undue influence without any consideration, no title can pass to the purchasers.

4. The learned trial Court after assessing the evidence on record has given the findings that:

(a) Plaintiffs have to prove that the documents were read over, explained to Saraswati and consideration passed through the documents and so also Saraswati had independent advice as the executant of the document was a paradanasin, illiterate and ailing lady;

(b) Evidence on record shows that the documents were readover and explained to Saraswati and the documents were scribed on the direction- of Saraswati. She after understanding the import of the documents had executed the documents;

(c) P.W. 7, the nephew of Saraswati who was all along staying with her and taking care of h