TMI Blog1990 (3) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1953 (hereinafter referred to as 'the Act')- Hence the present appeal by the plaintiff. 2. The plaintiff is an illiterate person. Her daughter Rameshwari Devi is the wife of the 6th defendant, Yogendra Prasad Singh. Arjun Singh and Janardan Singh, defendant Nos. 3 and 4, are the brothers of the 6th defendant. Defendants Nos. 3 and 4 had gained the confidence of the plaintiff and she confided in them her desire to make a gift of her entire properties in favour of her daughter. Defendant Nos. 3 and 4 readily agreed to make arrangements to execute and register the necessary deed. On 18.9.1971, these defendants took the plaintiff to the Office of the Sub-Registrar. The plaintiff paid the amount needed for expenses. The defendants p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deceived as to the character of the document which she executed and the document was, therefore, void and of no effect whatsoever. Accordingly, the suit was barred under Section 49 of the Act under which consolidation proceedings had been pending at the time of the institution of the suit in respect of the property in question. 3. The facts are not in dispute. It is not disputed that the documents in question came to be executed in the manner alleged by the plaintiff. The appellant, however, contends that since it was a case of the document having been vitiated by fraud, the transaction was violable, but not void, and, therefore, the suit to set aside the sale was rightly instituted by her and the bar of Section 49 was not attracted. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... distinction can be made between cases where a document is wholly or partially invalid so that it can be disregarded by any court or authority and one where it has to be actually set aside before it can cease to have legal effect. An alienation made in excess of power to transfer would be, to the extent of the excess of power, invalid. An adjudication on the effect of such a purported alienation would be necessarily implied in the decision of a dispute involving conflicting claims to rights or interests in land which are the subject matter of consolidation proceedings. The existence and quantum of rights claimed or denied will have to be declared by the consolidation authorities which would be deemed to be invested with jurisdiction, by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , [1869] 4 CP 704, the action was by the endorsee of a bill of exchange. The defendant pleaded that he endorsed the bill on a fraudulent representation by the acceptor that he was signing a guarantee. In holding that such a plea was admissible, the Court observed: It (signature) is invalid not merely on the ground of fraud, where fraud exists, but on the ground that the mind of the signer did not accompany the signature; in other words, that he never intended to sign, and therefore in contemplation of law never did sign, the contract to which his name is appended.... The defendant never intended to sign that contract or any such contract. He never intended to put his name to any instrument that then was or thereafter might become negoti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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