ABDUL MAJID Vs. RATO

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellants/defendants are as under:...?

(2.) The dispute relates to the suit land owned by Rato Bai (now deceased) and legal representatives have been brought on record. It is case of the plaintiff that the plaintiff agreed to sale only 4 decimals of land out of total area 0.579 hectare of Khasra No.285 owned by her situated at village Kewra, Ambikapur on cash consideration of ?12000, but defendants No.1 and 2 taking advantage of her illiteracy got the sale deed executed for entire land i.e. 0.579 hectare owned by her, but no consideration was paid and entire land is said to have been purchased by playing fraud with her, as such, sale deed dated 09.11.1998 (Ex.D...?8) is void and mutation made on 16.7.99 is also without authority of law and sale deed dated 09.11.1998 (Ex.D...?8) be declared null and void and she be declared title...?holder of the suit land.

(3.) Resisting the suit, the defendants filed their joint written statement and denied the averments made in the plaint stating inter...?alia that sole plaintiff has voluntarily executed sale deed in favour of defendants No.1 and 2 by obtaining cash consideration of ?12000/...? and they are in possession after having recorded their names in revenue records, as such, the suit deserves to be dismissed with cost.