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Babu Lal Singh v. Sheo Kali - SECOND APPEAL No. 2164 of 1979 [2006] RD-AH 5992 (20 March 2006)


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Court No. 9.

Second Appeal No. 2164 of 1979

Babu Lal Singh                     ...             Defendant-Appellant


Smt. Sheo Kali ( since deceased)

Substituted by 1/1 Smt. Kedaria

and another                           ....           Plaintiffs-Respondents.

Hon. Sunil Ambwani, J.

Heard Sri B.D. Madhyan, Senior Aadvocate, assisted by Sri S.C. Dwivedi for defendant-appellant and Sri Haider Hussain learned counsel for  respondent.

The plaintiff-respondents  filed O.S. No. 24 of 1977 for cancellation of sale deed dated 16.8.1976 executed by the defendant on the grounds that it was got executed from her under duress and coercion and without any consideration.  She  also prayed for injunction restraining the defendants from interfering in her possession.  The suit was decreed by the Trial Court on 1.6.1978.  The Civil Appeal  No. 393 of 1978 arising thereof was dismissed by Additional District & Sessions Judge, Allahabad on 21.3.1989.

The  Trial Court decreed the suit with the findings of the fact that the sale deed was a voidable document and thus the suit could be filed in the Civil Court; that the plaintiff was a rustic villager, and there was no necessity for her to execute sale deed, and that the sale consideration of Rs. 20,000/- was not paid to her.

The Appellate Court confirmed the findings of the  Trial Court, and further found that the defendant-appellant  did not have sufficient means to pay the sale consideration, and had not paid Rs.20,000/- to the plaintiff. The plaintiff had earlier


executed a will in favour of her daughter.  She was under undue influence of the defendants as she was living at his house on the date of execution of sale deed.  The defendant could not discharge its burden which shifted on him  that the sale deed was executed by the plaintiff after fully appreciating the contents thereof and the sale was a voluntary transaction.

Learned counsel for the appellant submits that the suit could only be filed in the Revenue Court as the plaintiff could have avoided the sale deed as a void transaction.  He further submits that the recitals of the sale with regard to payment of sale consideration raise a presumption that the sale deed was a valid document.

I am unable to hold that there are substantial questions of law to be considered in this Second Appeal.  The finding that the sale deed was voidable and that it was executed by the plaintiff under coercion without any sale consideration are pure and simple  findings of fact arrived at after assessment of the  documentary and oral evidence led by the parties. .

The Second Appeal is  dismissed with costs throughout.

Dt. 20.3.2006



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