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1997 Supreme(All) 827

R.N.RAY
ATAR SINGH – Appellant
Versus
MAYAWATI – Respondent


Advocates Appeared:
B.DAYAL, SANTOSH UMAR, V.Sahai,

R. N. RAY, J.

The plaintiff as appel lant has preferred this appeal against the judgment and decree passed in Civil Appeal No. 114 of 1978 dated 2-9-82 reversing the judgment and decree of the learned Trial Court.

2. The plaintiff filed the suit being numbered as 549 of 1975 which was filed in the Court of Munsif, Haveli, Meerut. It is the plaintiffs case that the plaintiff is an illeterate, simple and old man aged about 60 years and he is hard of hearing and his eye sight is also very weak. He is the owner and in possession of the disputed agricultural land. It was contended that amount of Rs. 3000/- and Rs. 4500/- was due to Bank and Co-operative Societies and some amount was also due which was taken from some other villagers. Therefore, he was badly needed Rs. 1000/- to liquidate the said debts. The plaintiff asked the husband of the defendants to advance a loan of Rs. 10, 000/-to him. The husband of the defendants agreed to pay, on condition that the plain tiff to execute mortgage deed with 1% per mensem interest after depositing 20 times annual rental in Tahsil. The plaintiff agreed to the proposal and thereafter the plaintiff and the husband of the respondents ex ecuted the m















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