witnesses from the villagers. It is not
the case of the plaintiffs that they were kidnapped in isolation and it is the
case ... 2001
doubtful in this case, as to the nature of the kidnap and alleged forcible
registration of the documents. It is also to be noted
readiness and
willingness, are not applicable to the facts of this case. In one of
the judgments reported in 2011 (1) LW 806, cited supra ... above judgment also
is not applicable to the facts of this case.
28.As discussed above, the very conduct of the parties going
to Kerala
cases in which the party pleading relies on any
misrepresentation, fraud, breach of trust, willful default, or undue
influence, and in all other cases ... introduced the theory as if the
plaintiff and one Habibur Rehman had kidnapped him and obtained blank
signatures and cheques under coercion etc. These facts