ISHWAR PRASAD Vs. KASHI PRASAD

JUDGEMENT

(1.) THE plaintiff - Ishwar Prasad executed a registered sale deed in favour of respondent No. 4 - Sitambar on 26- 3-1983 with regard to suit land bearing Kh. No. 970, 977 and 1046 total area 3.65 acres of land situated in village Bhatgaon, Tahsil and District Bilaspur.

(2.) RESPONDENT No.4 got his name mutated in revenue record and sold the same to Respondents No. 1 to 3, vide registered sale deed dated 10-3-1986. Thereafter, names of Respondents No. 1 to 3 was mutated in revenue records.

(3.) PLAINTIFF filed a suit on 15-7-1986 claiming relief of declaration of title and possession, inter alia, on the ground, he has taken loan of Rs. 7,000/- from respondent No.4 -Sitambar, who got executed a nominal sale deed from the plaintiff in security of loan with an assurance that the sale deed will not be acted upon as a sale and possession of the suit land would remain with the plaintiff. However, behind back of the plaintiff, respondent No.4 got his name mutated in revenue records and sold the suit land vide sale deed dated 10-3-1986 to respondents No. 1 to 3. Respondents No.1 to 3 managed to get the land recorded in their name and on 15-6- 1986 they dispossessed the plaintiff. It was further case of the plaintiff that on the date of execution of sale deed (Ex. D..1), the value of the land was Rs.18,000/- and not Rs.7,000/-.