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1964 Supreme(All) 26

N.H.BEG
Bhola Chaube – Appellant
Versus
Man Matun Chaube – Respondent


Advocates:
Brij Lal Gupta, for Appellant; S. N. Misra, for Respondent.

Judgement

JUDGMENT : This is a defendant's appeal arising out of a suit for a declaration that a deed of adoption executed on 21st of November, 1941, by the plaintiff-respondent, acknowledging the adoption of defendant No. 2, was invalid and inoperative on the ground that it was obtained by fraud perpetrated by defendant No. 1 upon the plaintiff. The plaintiff alleged that he was unable to manage his property and had, therefore, decided to appoint defendant No. 1 as his Nukhtare am by means of a deed. It was alleged that the defendant No. 1, taking advantage of his position, had obtained from the plaintiff what transpired, later on, to be a deed of adoption. The plaintiff also alleged that he had asked the defendants to get this deed cancelled, but, as they did not comply with this requirement, the plaintiff had to file his suit. The defendants pleaded that the deed of adoption was valid and executed after the performance of the necessary ceremonies without any fraud or undue influence. The plaintiff deposed that he was unwell at the time of the execution of the document and that it had not been read over to him at all. Similar was the evidence of Dular (P.W. 2) who was an, attestin











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