MAAN BAI @ BHAN BAI Vs. BHANGI SINGH

JUDGEMENT

(1.) Heard.

(2.) Brief facts are that Tetkuram, the owner in possession of the suit land Kh. No. 239 area 1.16 acres situated in village Marutola, Tah, Khairagarh, District Rajnandgaon, had executed a registered sale deed Ex. P 1, in favour of Bhangi Singh on 21.3.1988. Subsequently, Tetkuram sold the suit land on 7.8.1990 in favour of one Sukhiram, Defendant No. 7. Sukhiram in turn sold the suit land to Smt. Maan Bai, Defendant No. 8 through registered sale deed on 14.1.1991. Bhangi Singh instituted a Civil Suit No. 62-A of 1992 for a declaration that both sale deeds dated 7.3.1990 and 14.1.1991 were void and did not confer any title to the purchasers since Tetkuram had no subsisting valid title over the suit land on the date of sale. Relief for permanent injunction against the Defendants No. 1 to 8 was also sought.

(3.) The Defendant No. 1 -Tetkuram in his written statement paragraph 5 admitted the execution of the registered sale deed on 10.03.1988 but pleaded that the document, though couched as a sale was essentially a mortgage upon a loan of Rs. 3,600.00 from Bhangi Singh. The learned Civil Judge Class-1, Khairagarh, vide judgment dated 30.8.2000 dismissed the suit on the ground that document Ex. P 1. Was a mortgage of the suit land executed by Tetkuram in favour of Bhangi Singh who was never in possession of the suit lands.