TMI Blog1982 (3) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... d convenience in cultivation he permitted Rajpal Singh and Kayam Singh the two brothers of daughter-in-law to live with him but they appeared to have lost their patience soon and started ill-treating the appellant and even beating him which forced him to abandon his own house and live with Basudeo Singh his nephew and Kunwar Pal his grandnephew son of another brother. But his misfortune did not le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his livelihood. He further found that the consideration was grossly inadequate and the circumstances in which the sale deed was executed were suspicious. The finding was reversed in appeal as the son of appellant died two years prior to the execution of the sale deed and in the statement recorded on 7-5-69 in mutation proceedings the appellant had stated that he had executed the sale deed of his o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larly when the appellate court did not set aside the finding of trial court that sale deed was executed without any consideration. Learned counsel maintained that due to death of his son and behaviour of Rajpal and Kayam Singh the appellant was not in a position to exercise his independent will therefore the burden to prove that the deed was written independently without exercise of any undue infl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... another person are induced to enter into conveyance and transactions relating to their property. 3. Unfortunately, for appellant the principle laid down in this decision does not come to his rescue. From evidence on record it is clear that appellant was aged only 56 years when he decided to part with his entire property in favour of his nephews. There is not the slightest whisper that his heal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration. It may be helpful in ascertaining whether agreement was entered freely or not but where free consent and valid execution is established inadequacy of consideration becomes irrelevant. Apprehension of saving the land from Raj-pal and Kayam or preserving it for family's sake may have been motivative factors in creating a cover by execution of the sale deed but that did not render ..... X X X X Extracts X X X X X X X X Extracts X X X X
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