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1997 Supreme(All) 1099

D.C.SRIVASTAVA
HAKIMUDDIN – Appellant
Versus
MOHAMMAD ANIS, REPRESENTING MST. SABBIRUNNISAN – Respondent


Advocates Appeared:
A.N.MISHRA, BRIJ BHUSHAN PAUL, G.N.Verma, H.R.MISRA, HARUN AHMAD, PANKAJ NAQVI

D. C. SRIVASTAVA, J.


( 1 ) THIS is defendants second appeal. Brief facts essential for disposal of this appeal are as under :

( 2 ) THE deceased-plaintiff, Smt. Sabbirunnisan, filed a suit for cancellation of two sale-deeds dated 7. 5. 1960 and 4. 6. 1960 and also for recovery of possession of the subject-matter of sale-deeds and for recovery of Rs. 800 as damages. The allegations in the plaint were that by virtue of inheritance explained in the plaint the deceased-plaintiff. Smt. Sabbirunnisan held 13/48 share in the plots detailed in schedule a and residential house detailed in schedule c and half share in occupancy plots detailed in schedule e of the plaint. Hakimuddin, the original defendant No. 1, was cousin of Mohammad Anls. He occasionally visited the village and resided with Sabbirunnisan. Sabbirunnisan was illiterate Pardanasin lady aged about 65 to 70 years. She had eye trouble. Hakimuddtn took her to Allahabad on the pretext that he will consult some eye specialist for the treatment of her eye trouble. She was brought by Hakimuddin to Allahabad where Hakimuddin represented her that in view of the change in law regarding agricultural land, she should obtain bhumidhari righ































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