NAND KISHORE CHOUBEY Vs. MANIRAM S/O GOVARDHAN

JUDGEMENT

(1.) This second appeal preferred by the appellants/LRs. of original plaintiff - Tilak Prasad was admitted for hearing on the following substantial question of law :-­ "Whether the lower appellate Court has erred in holding that Ex. P-­1 was not sale and was document of transaction of loan ?"

(2.) Suit land admeasuring 4.71 acres in total situated at Village Khapri, Tahsil Kawardha was originally held by one Ramu Chouhan who was the father of defendant No. 2 namely Hagroo.

(3.) Original plaintiff - Tilak Prasad instituted a suit on 05/05/1981 stating inter alia that he purchased the suit land from defendant No. 2's father Ramu Chouhan by registered sale deed dated 14/07/1970 (Ex. P/1) and thereby, came into possession of the suit land and though title had been passed in his favour, yet after Hagroo started interfering with his possession and sold the suit land in favour of defendants No. 7 and 8 by sale deed dated 02/06/1990, as such, decree be granted in his favour for declaration of title and for declaration to the effect that sale deed dated 02/06/1990 executed by Hagroo in favour of defendants No. 7 and 8 namely Maniram and Dhaniram is not binding on him.