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1989 Supreme(All) 501

K.P.SINGH
SRI SIYA RAM – Appellant
Versus
LILAWATI – Respondent


Advocates Appeared:
S.N.AGARWAL


K. P. SINGH, J.

( 1 ) THIS is a defendants second appeal arising out of a suit for cancellation of sale-deeds alleged to have been executed by the plaintiff respondent. The plaintiff-respondent has challenged the sale-deeds on the ground that she was defrauded by the defendants. The defendants are her cousins. They got the sale-deeds in their favour fraudulently and did not explain the contents of the deeds to the lady who is illiterate. Relevant allegations challenging the sale-deeds have been made in para 16 of the plaint.

( 2 ) THE defendants-appellants contested the suit and justified the execution of the sale deeds by the lady and asserted that the sale deeds were valid documents and conferred valid title upon the defendants.

( 3 ) BOTH the courts below have given judgments for the plaintiff-respondent. Aggrieved by their judgments the defendants appellants have approached this Court under S. 100 of the Code of C. P.

( 4 ) THE learned counsel for the appellants has raised two substantial questions of law for consideration; firstly, that the courts below have placed burden on wrong shoulders and, therefore, their findings stand vitiated in lain and deserve to be set aside and se










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