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2010 Supreme(P&H) 1806

L.N.MITTAL
Bimla Devi Alias Buri – Appellant
Versus
Laxmi Narain – Respondent


Judgment

L.N.Mittal, J.

1. This is second appeal by Bimla Devi legal representative of original defendant Badri Parshad having remained unsuccessful in both the courts below.

2. Respondents filed suit against Badri Parshad alleging that plaintiffs are owners in possession of l/3rd share of land measuring 38 kanals 4 marlas. The defendant who was first cousin of the plaintiffs was Lambardar of the village whereas plaintiffs are illiterate and rustic villagers. The plaintiffs reposed faith in the defendant. In September or October, 1988 the defendant brought the plaintiffs to court complex for execution of some documents for taking loan from bank. Defendant was to take the loan by mortgaging land with bank. At the instance of defendant, plaintiffs signed some papers being cosharers in the land for getting loan sanctioned. However, fraudulently the signed papers were converted into proceedings of a suit resulting in passing of consent decree dated 15.10.1988 regarding share of the plaintiffs in the suit land in favour of defendant. The plaintiffs have challenged the said decree in the suit seeking declaration that they are joint owners in possession of the suit land to the extent of l/





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