AIR 1990 SUPREME COURT 1173 ::1990 ALL. L. J. 245 ::(1990) 2 RRR 220 ::(1990) RevDec 193 ::1990 UJ(SC) 2 74 ::1990 All CJ 278 ::(1990) 1 All WC 471 ::1990 SCC (Supp) 216 ::(1990) 1 JT 417 (SC)

Supreme Court Of India

(From : 1981 All. L. J. 109)

Hon'ble Judge(s): Lalit Mohan Sharma, T. K. Thommen , JJ

Uttar Pradesh Consolidation of Holdings Act (5 of 1954) , S.49— Bar to civil suit - Suit to set aside sale deed - Executant illiterate woman - Thumb impression obtained on sale deed by making her believe that she was executing gift deed in favour of her daughter - Misrepresentation is as to character of document - Sale deed is totally void and not voidable - Suit not maintainable. Contract Act (9 of 1872) , S.20— Where an illiterate woman put her thumb impression on two deeds, honestly believing that the thumb impressions taken from her were in respect of a single document, namely the gift deed in favour of her daughter in respect of her properties as per her desire, but in fact two documents were got executed from her only one of which was gift deed but the other was a sale deed of her properties in favour of persons who perpetrated the fraud, the fraud/misrepresentation practised on the woman was not limited to contents or legal effect of the documents but extended to fraudulent misrepresentation as to character of the document itself. The sale deed so executed was therefore totally void and not voidable. The suit to set aside the sale deed instituted at time when consolidation proceedings were pending was barred by S. 49 of the U. P. Act. .....