SHAILENDRA AGNIHOTRI Vs. BINITA AGNIHOTRI

JUDGEMENT

(1.) This is the Plaintiff's Second Appeal preferred under Section 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 13.10.2015 passed by the 2nd Additional District Judge, Korba in Civil Appeal No.2-A/2015 by which, the lower appellate Court, while affirming the judgment and decree dated 21.10.2014 passed by the Civil Judge, Class-II, Korba in Civil Suit No.63-A/2014, has dismissed the Appeal.

(2.) The undisputed facts of the case are that the Plaintiff-Shailendra Agnihotri instituted a suit claiming declaration of title and injunction by submitting inter alia that the suit property was purchased by him in the name of his wife Smt Binita Agnihotri. It is pleaded that although both the alleged sale deeds were executed on 6.9.2006 and 29.12.2006 in the name of his wife but the entire sale consideration was paid by him. It is pleaded further that even prior to the execution of those sale deeds, an agreement to sale was executed in his favour on 9.8.2006 for purchasing the said property. It is pleaded further that he alone is the owner of the property in question and therefore, he be declared the sole owner of the suit property purchased under the alleged sale deeds dated 6.9.2006 and 29.12.2006 in the name of his wife. It is pleaded further that his wife has tried to alienate the suit property in the month of November, 2010, therefore he has been constrained in filing the suit in the instant nature.

(3.) The Defendant No.1 has contested the claim and denied very specifically that the suit property was purchased by her husband. It is pleaded that in fact the entire sale consideration was paid by her and only after that the alleged sale deeds were executed in her favour.