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1979 Supreme(All) 241

GOPI NATH, K.S.VERMA
SHEOPAL – Appellant
Versus
LAKHPATA – Respondent


K. S. VARMA, J.

The facts giving rise to this revision application are that opposite party Shrimati Lakhpata filed a suit in the Court of Munsif, Utraula at Gonda for the cancellation of a sale deed said to have been execut ed by her on 2-6-1v66 in favour of the applicants. The sale deed was challenged on the ground that the plaintiff-opposite party was a minor and the applicants by a fraudulent misrepresentation to her obtained a sale deed which was without consideration. It was alleged that the applicants repre sented to her that Mangrey played a fraud on her and had got a fictitious entry made in his name over certain land belonging to her and for that she will have to execute a general power of attorney so that they contest her claim against Mangrey on her behalf. The allegations in the plaint are that in this way she executed a document under the impression that she was executing power of attorney. She subsequently found that instead of power of attorney, she was made to execute a sale deed in respect of the property belonging to her in favour of the applicants. The learned counsel for the parties have stated that paragraphs of the plaint relevant for purposes of the case are








































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