ARJUNLAL Vs. SHIV GOVIND

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred in the instant judgment as were referred in the suit. This is an appeal by the legal representatives of defendant No. 1 Budhram under Section 100 of the Code of Civil Procedure, 1908 (henceforth 'the Code, 1908') questioning the legality and validity of judgment and decree dated 30-8-1997 passed by 1st Additional District Judge, Bilaspur in Civil Appeal No. 28-A/96 partly modifying the judgment and decree dated 19-12-1990 passed by 2nd Additional Civil Judge Class-II, Bilaspur in Civil Suit No. 11-A/90.

(2.) Original plaintiff Jhaduram, who died during pendency of the first appeal, filed the civil suit for possession of the scheduled suit land and for mesne profits stating inter alia that he purchased the suit property by a registered sale-deed dated 14-3-1960 (Ex.P-1) on payment of a consideration for Rs. 1,000/- and obtained possession of the scheduled suit land. It was further pleaded that original defendant No. 1 Budhram dispossessed him from the suit property leading to filing of the suit.

(3.) Original defendant No. 2 Ramsanehi obtained a loan of Rs. 1,000/- from original plaintiff Jhaduram and executed the sale-deed dated 14-3-1960 (Ex.P-1) as a security for the loan. Whereas, the case of original defendant No. 1 Budhram is that he purchased the scheduled suit property from original defendant No. 2 Ramsanehi upon payment of a consideration of Rs. 5,000/- on 23-3-1965 (Ex.D-1) and obtained possession over the scheduled suit property and, therefore, the suit deserved to be dismissed. Original defendant No. 2 Ramsanehi filed written statement stating inter alia that he had obtained a loan from the plaintiff Jhaduram as he was in need of money and had executed the sale-deed dated 14-3-1960 (Ex.P-1) in favour of Jhaduram and he also questioned the alleged sale-deed dated 23-3-1965 (Ex.D-1) executed by him in favour of defendant No. 1 Budhram.