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1972 Supreme(MP) 75

T.P.NAIK
Koze – Appellant
Versus
Makhan Singh – Respondent


Advocates:
H.L. Khaskalam, for Appellants; D.M. Dharmadhikari, for Respondent.

Judgement

JUDGMENT :- This is a second appeal by the plaintiffs-appellants.

2. The suit of the plaintiffs-appellants, which was for a declaration of their title to and possession of certain agricultural lands situate in village Ghat Pipariya, tahsil Multai, district Betul, was, inter alia, based on the following allegations; that the suit fields belonged to the mother of the plaintiffs-appellants who were Gond illiterate women; that on the death of their mother, the suit fields along with some other fields were inherited by them; that after the death of their mother, the husband of plaintiff Koze looked after her fields; that the husband of Koze also died a few years before the filing of the suit; that the defendant-respondent, who was also a Gond, taking advantage of the illiteracy of the plaintiff Mst. Koze, induced her to go and live with him with a view to exploit her ignorance; that during the course of her stay with the defendant, the latter fraudulently got a sale deed executed by Mst. Koze in his favour on or about the 18th of February 1963; that thereafter the defendant induced the plaintiff Koze to go with him to Multai for the registration of the deed telling her that she
















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