MANTI SAHU Vs. MAHESH GANJEER

JUDGEMENT

(1.) Since both the second appeals arise out of a common judgment, they are heard and disposed of together.

(2.) The instant appeals arise out of the common judgment dtd. 11/10/2021 passed by 2nd Additional District Judge, Rajnandgaon, whereby the first civil appeal, i.e., Civil Appeal No.13A of 2020 moved by Mahesh Ganjeer has been allowed and the cross-appeal, i.e., Civil Appeal No.12A of 2020 filed by Smt. Manti Sahu has been dismissed. Civil Appeal No.12A of 2020 and Civil Appeal No.13A of 2020 arise out of the common judgment and decree dtd. 6/3/2019 passed by the Additional Judge to the Court of 1 st Civil Judge Class-II, Rajnandgaon in Civil Suit No.66A of 2013.

(3.) Facts of the case, in short, are that plaintiff Mahesh Ganjeer filed a civil suit, being Civil Suit No.66A of 2013 before the Trial Court for declaration of agreement dtd. 21/1/2009 to be null and void. It was pleaded by him that due to family relation between him and the defendant and due to poor economic circumstances of the defendant, he employed the defendant in his clinic as a nurse and also availed her a rented house in Dongargaon. Since the defendant used to commit misbehaviour with the patients as also she was negligent towards her work, she was removed from the work and also asked to vacate the rented house. On this issue, a dispute arose between them. Thereafter, the defendant made a false and fabricated report against him alleging commission of rape with her. To save himself and his reputation, he executed an agreement dtd. 21/1/2009 and signed it before the Notary. Since the agreement was executed due to undue pressure created by the defendant, it is not binding upon him. It was further pleaded that as he is already married, the agreement dtd. 21/1/2009 is null and void.