REWA RAM BANCHHORE Vs. SALIK RAM

JUDGEMENT

(1.) THIS appeal is by the appellant/plaintiff. who is aggrieved by the reversal of the judgment and decree dated 30-10-1996 passed in his favour in Civil Suit No.4-A/94 by the 7th Civil Judge Class-il, Durg in Civil Appeal No.3-A/97 by the 5th Additional District Judge, Durg by the impugned judgment and decree dated 31-3-1998.

(2.) ADMITTEDLY , Salikram, who was the defendant in the trial Court had executed a registered document on 12-9-1969 purporting to be a sale of land in area 2 acres out of land Khasra No.446/3 situated in Village Selood, Patwari Halka No. 103. Tahsil and District Durg (henceforth 'the suit land') for a consideration of Rs. 1,500/-. It is also not in dispute that the original sale-deed was not produced by the appellant/plaintiff before the trial Court.

(3.) THE trial Court decreed the plaintiff's suit on the ground that although the defendant had in paragraph 8 of his testimony admitted that repayment of loan amount of Rs. 1,500/- to the plaintiff was made by him in the presence of Jhumuklal and Bhagatram he did not examine the above mentioned witnesses. It was, therefore, held that the defendant had failed to prove that the document dated 12-9-1969 was in fact a document executed as a security for the loan of Rs. 1.000/- obtained by Salikram from the plaintiff. On these premises, the trial Court while decreeing the plaintiff's suit for permanent injunction in his favour dismissed the counter claim of the defendant Salikram.