SMT. LEELABAI WD/O HASTIMAL Vs. GANESH RAM

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dated 10/10/92 passed by the Appellate Court in Civil Appeal No.2A -1990 by which the learned lower Appellate Court has partly reversed judgment and decree passed by the Trial Court and declared transaction of so called sale as loan transaction and the sale deed (Ex.D/6) as mortgage deed, further declaring that till repayment of Rs.6,000/ -, the appellant shall be entitled to use the land in his possession.

(2.) This appeal was admitted on 14/09/1993 on following substantial question of law.

(3.) The respondents / plaintiff filed a suit for declaration that sale deed dated 13/04/1978 be declared illegal and inoperative and also prayed for recovery of possession of land admeasuring 1.86 acres situated in khasra No.244, Village Sankra, Tehsil - Khairagarh (land in dispute), on the pleadings inter alia that the appellant / defendant Hastimal, taking undue advantage of unsound mind of Asaram (father of plaintiff - Sukalia Bai, Bisoha Ram and Balaram and husband of plaintiff No.4 -Kachra Bai) fraudulently got a sale deed executed in his favour on 13/04/1978 and without information and notice, got the land under the said sale deed mutated in his favour on 20/061980. According to the plaint allegations, a receipt dated 12/04/1978 was executed by defendant Hastimal in favour of Asaram which contains recital of return of land under sale deed to Asaram. Further pleadings were that defendant Hastimal executed a deed dated 18.06.1980 (Ex.D/4) in which, it was stated that upon repayment of amount of loan, land would be returned. Further that Bisoha Ram, on 18/06/1980, also executed document to similar effect that loan has been taken by him and upon repayment, he will be entitled to get back the land.