village is entitled to same
treatment and protection, as is available to `Pardanashin'
lady?
(ii) Whether the decree in question is result of fraud ... learned counsel for the appellant-
plaintiff that appellant-plaintiff was a Pardanashin lady and that a fraud
was committed upon her by respondent-defendant
release deed
on the ground that she was an illiterate, rustic and pardanashin female who
had never visited any Tehsil/Government office earlier ... mainly taken by her was that she was an
illiterate, rustic and pardanashin female and did not understand the
implication and nature of the proceedings
undue influence. Her case was that she was an illiterate and pardanashin lady;
the document was never read over or explained to her; she merely ... infered from surrounding circumstances and conduct. The plaintiff was an
illiterate, pardanashin woman; her land was managed by the contesting
defendants; it was admitted that
widow. Her position could not be any better than a pardanashin lady as such. The Hon'ble Supreme Court of India in the case ... held as under:
"As regards documents taken from pardanashin women the court has to ascertain that the party executing them has been a free
made by counsel for the appellants is that
Smt. Chhano was a pardanashin lady, therefore, there was no occasion for
her to cause appearance before ... plea of the appellants that Smt. Chhano was a
pardanashin lady, the same has been rightly rejected by the Court in Appeal
by holding that
alternative, it is argued that Ms. Dakhan was an
illiterate and Pardanashin lady, therefore, there is a legal obligation of the
respondents/defendants to prove ... later did not honour their commitment. The appellant is an old pardanashin
lady and hard of hearing. The sale deed is the result of fraud
have been condoned when the petitioner
is an old, illiterate, rustic and pardanashin lady. The First Appellate Court
should have given an opportunity ... been taken is that the
appellant/petitioner was an illiterate, rustic and pardanashin lady and she
was not informed by her counsel about the outcome
necessary party to the execution proceedings. However, being a
pardanashin lady, petitioner could not independently contest or institute
proceedings previously. The petitioner came to know ... Learned counsel for the petitioner further reiterates that the
petitioner, being a pardanashin lady, faced inherent social and cultural
constraints in appearing personally before
delay on 28.02.2011 on the grounds that the petitioner is not a Pardanashin
lady as she has been working in the fields; there are male ... conservative view of the
fact that the petitioner was not a Pardanashin lady, however, the said view
has been reversed by the Appellate Court
petitioner.
None for the respondents.
S. D. ANAND, J.
The petitioner, a Pardanashin,Sonepat based uneducated old
lady of 70 years of age, filed ... petitioner herein to the effect that
she is 70 years uneducated Pardanashin old lady living at Sonepat and
that her counsel at Gurgaon
