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1984 Supreme(All) 273

R.C.DEO SHARMA
Khairul Nisa – Appellant
Versus
Aisha Bibi – Respondent


Advocates Appeared:
Mohd. Hussain, Mohd. Arif Khan, Bireshwar Nath

JUDGMENT

R. C. Deo Sharma, J.

1. THIS is a defendant's second appeal arising out of the judgment and decree dated 15-7-1977 passed by the learned District Judge, Sultanpur, whereby he dismissed the defendants' appeal and confirmed the decree of the trial court decreeing the plaintiff's suit with costs.

2. IT will appear that the plaintiff-respondent No. 1 Smt. Aisha Bibi filed the suit giving rise to this appeal for cancellation of a sale-deed dated 31-1-1974 executed by her in favour of Smt. Khairul Nisa, the present appellant in respect of some agricultural land. The consideration shown in the sale deed was Rs. 3000.00. IT was alleged that the plaintiff-respondent was Bhumidhar of the plots in dispute which comprised Chak No. 61 (2). She claimed to be an old, illiterate and ignorant type of lady. The defendent Smt. Khairul Nisa and her husband Jalil Khan were said to be residents of the same village and Jalil Khan had a plot bearing No. 346/4 area J Biswa 7 Dhoor close to the Chak of the plaintiff but the same had been allotted in the chak of the plaintiff during consolidation proceedings. The defendants according to the plaintiff started sympathising with the plaintiff who had ear















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