Sh. Roshan Lal Hotla vs Smt. Krishna on 16 May, 2011
26.In so far reliance of the defendant on the judgment of Phool
Kanwar Vs. Ashok Nain and others passed by Hon'ble High
Court of Delhi on 20.01.2010 in CS (OS) no. 2072/06 is concerned,
it can be stated that in the said case, the plaintiff sought the
declaration that Agreement to Sell, General Power of Attorney, Will,
Receipt and Affidavit as null and void on the averments that the
defendants had lured the plaintiff to put her thumb impression on
the certain documents by taking advantage of her illiteracy. In the
present case, it is not the case of the defendant that the plaintiff no.
1 had taken the advantage of his illiteracy and induced him to put
his signatures/thumb impression on the said title documents.