RAZIYA BEGUM Vs. NAFISA BEGUM ABDUL HAMID

JUDGEMENT

(1.) Concurrent findings of the Trial Court and the Appellate Court were reversed by the High Court in a second appeal. The legal heirs of the original sole defendant are before us, and the respondents are the legal heirs of the original plaintiffs, a son and his mother. The plaintiffs filed a suit for declaration of two sale deeds, both dtd. 10/3/1975, as void and inoperative, to cancel these deeds and declare the plaintiffs as the absolute owners of the properties covered by the sale deeds. They further prayed for a permanent injunction against the sole original defendant, restraining him from interfering with the ownership and possession of the plaintiffs.

(2.) The plaint averments were that the two sale deeds were executed in the wake of debts accrued in the name of the plaintiffs in various financial institutions and the government departments. The original defendant came with a helping hand and agreed to find a purchaser for the property. A purchaser was brought, who left at the last minute, when the original defendant agreed to purchase their lands. The entire consideration was not available with the defendant, in which circumstances, he persuaded the plaintiffs to execute the sale deeds with respect to both the properties, handing over only part of the consideration. The total consideration for each of the properties fixed was Rs.7,000.00 (Rupees Seven thousand), out of which Rs.2,500.00 (Rupees Two thousand and five hundred) was handed over, as evident from the sale deeds itself. As per the clear recitals in the sale deeds, the defendant had retained Rs.4,500.00 (Rupees Four thousand and five hundred) each, so as to settle the dues remaining against the plaintiffs in the various institutions.

(3.) The defendant failed to satisfy the dues and hence when the plaintiffs repeatedly approached him, he executed an agreement with respect to one of the properties promising to handover the remaining Rs.4,500.00 and with respect to the other property, another agreement was executed, taking upon himself the responsibility to repay all the loans. The sale deeds were produced as Exhibit Nos.66 and 67 and the agreements were produced as Exhibit Nos.60 and 63 before the Trial Court, and in this appeal as additional documents along with translations.