YOGENDRA PRASAD SINGH Vs. RAM BACHAN DEVI

JUDGEMENT

(1.) FACTUAL BACKGROUND : The appellants are the legal representatives of the original plaintiff. For the sake of convenience, parties are hereinafter referred to with reference to their status before the Trial Court. The Trial Court decreed the Suit which has been reversed in appeal.

(2.) The plaintiff is the soninlaw of the first defendant. The first defendant has four daughters. One of the daughters, Sachita Devi has been married to the plaintiff. The second defendant is another daughter of the first defendant who is married to one Komal Singh.

(3.) The first defendant was heavily indebted. He had borrowed money from various persons by executing mortgage deeds, hand notes, etc. As the first defendant was unable to pay debts, he decided to sell the suit property. Accordingly, he executed a registered Sale Deed on 4/2/1963 in favour of the plaintiff for consideration of Rs.10,000.00. According to the case of the plaintiff, he was placed in possession of the suit property and started cultivating the same. His contention was that there was an absolute sale under the Sale Deed dtd. 4/2/1963 (for short, 'the Sale Deed').