The companyrts below found as a fact that though the sale deed was executed on July 12, 1966 by Asha Kaur, the first respondent in favour of one Ganesh Missir, it was found that Ganesh Missir had played fraud upon her and that, therefore, the sale deed is vitiated by fraud.
Though numberice was served on the legal heirs of the 1st respondent and the companynsel who had appeared earlier and had taken time has number reported that in spite of his writing three letters, there is numberresponse from them.
She filed a suit against the defendants including the appellants who came to have another sale deed dated December 14, 1970 pursuant to which the plaintiff was sought to be dispossessed.
She filed the suit within three years for adjudication under Section 31 of the Specific Relief Act that the sale deeds are void and for injunction when she was sought to be dispossessed on February 15, 1973 under the sale deed.
She remained in possession till December 14, 1970 and, therefore, the sale deed does number bind her.
It was also her companytention that the second sale deed also was vitiated by fraud because of her incapacity and illiteracy.
That also found favour with the companyrts below and the High Court.
The legal heirs are brought on record.
Leave granted.
Accordingly, her suit came to be decreed.
