( 1 ) THE plaintiff. Kanhaiya filed a suit for the cancellation of the sale deed dated 23-12-1981 executed by Sita ram in favour of the defendants. The suit was filed by Kanhaiya as a minor through his mother and legal guardian Smt. Kailashi devi claiming himself to be the son of Sita ram. The plaintiff alleged that Sita Ram was an illiterate and a simpleton person and was also hard of hearing. He was called to darjeeling by his nephew Janeshwar and others, who played a fraud upon Sita Ram and got a gift deed executed in their favour, whereby Sita Ram gifted his entire properties in favour of Janeshwar and others. When Sita Ram came to know about the execution of this gift deed, he filed a suit against his nephew being suits No. 234 of 1977 and 235 of 1977 and ultimately on 23-1-1979, a compromise took place wherein sita Ram got back 60% of his property along with a sum of Rs. 28,000/ -. The plaintiff alleged to the defendants were residents of the same village and that the defendant No. 1 used to help his father Sita Ram and was also instrumental In compromising the matter with Janeshwar and others. The plaintiff further alleged that Sita Ram fell ill in decembe