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TMI Blog1918 (7) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion of a share of certain land on declaration of their title thereto. They also asked for cancellation of a deed of sale by which they had transferred the property in suit to the defendant No. 1, alleging that they had executed the deed in consequence of a fraudulent representation by this defendant that the deed was a jimba-nama for their maintenance for a term of three years. 2. The plainti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged fraud in the execution of the kobala was proved and that the plaintiffs executed it knowing and believing it to be the jimba-nama. The lower Appellate Court after holding that the plaintiffs' whole claim was barred by limitation did not go into the question of fraud. 3. The only point urged before us is that if the Munsif's finding is correct, the deed is void ab initio and Ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale believing that they were executing a deed of a different kind, there was in law no execution of the deed by them. The same contention put in another form is that, though when consent to an agreement is caused by fraud or misrepresentation the agreement is a contract voidable under Section 19 of the Contract Act and not void, here there was no consent at all. In our opinion this contention mus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was wholly inoperative. The principle established by these decisions has been applied by the Bombay High Court in Oriental Bank Corporation v. John Fleming 3 B. 242 : 2 Ind. Dec. (N.S.) 163 and Dngdu v. Bhana 28 B. 420 : 6 Bom. L.R. 126 and by this Court in Banku Behari Shaha v. Krishto Gobindo Joardar 30 C. 433. We, therefore have no hesitation in holding that it ought to be applied in the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X
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