The burden of proof in cases involving illiterate individuals and pardanasheen ladies lies with the party seeking to sustain a transaction, and the burden can be discharged by proving that the document was explained and understood by the grantor.

This appeal, under Section 100 of the C. P. C. has been preferred against the judg ment and decree dated 27. 8. 2001 passed by Civil Judge (S. D.) Roorkee thereby dis missing First Appeal No. 5/2001, Smt. Rabiya versus All Hussain & others,

thereby confirming the judgment and de cree dated 19. 1. 2001 passed by Civil Judge (J. D.) dismissing Suit No. 155/96, Smt. Rabiya versus Ali Hussain & others.

2. Brief facts of the case are that plaintiff/appellant filed a suit against the defendants/ respondents for cancellation of sale deed dated 10-5-1995, registered in Sub Registrar Officer, Jagadari, Roorkee, at Bahi No. 1, Zild 02, 25 on 22. 5. 95. Ac cording to the plaint case the plaintiff Smt. Rabiya inherited the property, shown in the Schedule of property given at the foot of the plaint, from her father late Sri Ahamad and now she is owner in posses sion of the said land. The defendant Nos. 1 and 3, Ali Hassan and Abdul Hassan, respectively are the sons of her great-fa ther and Smt. Raqiba, defendant No. 2, is the wife of Ali Hassan (defendant No. 1 ). The defendant No. 1, in order to grab the property of the plaintiff, got prepared forged power of attorney, in the name of the plaintiff on 25. 4. 95. Thereafter, the de fendant No. 1, Ali Hassan, on the basis of forged power of attorney, also got pre pared forged sale deed with regard to the property belonging to the plaintiff for a consideration of Rs. 1. 50. 000a on 10-5- 1995 in favour of defendant Nos. 2 and 3 and also got it registered. According to the plaintiff the sale price of the disputed land in any manner could not be less than Rs. 3,00,000/ -. In the sale deed the wit ness Tosheef is the man of the defendants and scribe is the Cleri. Advocate Asif Ali. It is also alleged in the plaint that there is no recital that who had actually received the sale consideration of Rs. 1,50,000/ -. The further assertion of the plaintiff is that she is in actual possession of the disputed land and the forged sale deed was never acted upon. She also alleged that Roorkee Tehsil is nearer to her village and there was no occasion for her to prepare power of attorney instead of registering the sale deed directly. Therefore, the plaintiff sought a decree for cancellation of sale deed alleg edly obtained by playing fraud.

3. The defendant no. 1 contested the suit by filing written statement and admit ted this fact that the plaintiff inherited the disputed property from her father late Sri Ahamad, but he alleged that the said property remained in his possession and used to plough, to sow and to harvest the crops over it upto 15-5-1995. Thereafter the disputed land was handed over to de fendants 2 and 3. According to him, the plaintiff lives in her Sasural in village Ikkar which about 30 kilometers away from vil lage Landhora. Her husband is a labour by profession and he often used to go to Haryana and Punjab and the plaintiff also accompany him. Therefore, the disputed land was being looked after by the defend ant No. 1. The defendant No. 1 used to give her half of the crops obtained from the disputed land, but the plaintiff was not satisfied with it she directed him to search for a purchaser of the said land and also asked him for preparation of a power of attorney. In the month of April 1995 the plaintiff had come Roorkee for preparation of power of attorney and it registration but there it was informed that the Collector had forbidden for doing registration of power of attorney and for that purpose permission of Collector was necessary. At this the plaintiff suggested that he should visit Jagadari where she will execute power of attorney in his father. Thereafter on 25. 4. 95 the plaintiff got executed power of attorney in favour of defendant by free consent empowering the defendant no. 1 to act on her behalf. Before its execution the contents of power of attorney were read over and explained to the plaintiff/ appellant in presence of witnesses of power of attorney namely Shri Rati Ram an

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