SUSHILA BAI Vs. KAUSHAL PRASAD

JUDGEMENT

(1.) This Appeal has been preferred by the legal representatives of deceased Defendant No.1-Heera Bai under Section 100 of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the judgment and decree dated 25.07.2016 passed by the 9th Additional District Judge, Bilaspur in Civil Appeal No.192-A/2014 by which, the lower appellate Court, while affirming the judgment and decree dated 28.06.2014 passed by the Civil Judge, Class-2, Takhatpur, District Bilaspur in Civil Suit No.120-A/2009, has dismissed the Appeal.

(2.) Facts leading to this Appeal are that the Plaintiff Kaushal Prasad instituted a suit claiming permanent injunction in relation to the property in question bearing Khasra No.545/1 admeasuring 0.25 acres situated at Village Pali, Tahsil Takhatpur, District Bilaspur by submitting inter alia that the suit property was purchased by him from Defendant No.1-Heera Bai (since deceased now represented by her legal representatives) by virtue of registered deed of sale dated 09.03.2000. It is pleaded in the Plaint that after purchasing the property as such, the revenue papers were mutated in his name and he was cultivating the land in question peacefully. However, Defendant No.1 threatened to dispossess him, therefore, the Plaintiff has been constrained to file the suit in the instant nature.

(3.) While contesting the aforesaid claim as such, it is stated by the original Defendant No.1-Heera Bai that no registered deed of sale as such was executed by her in favour of the Plaintiff and in fact, it was executed for security of the loan amount of Rs. 12,000/- While contesting the claim as such, a counter claim has been made by her praying for declaration of alleged registered deed of sale as a nominal sale and would not confer any right, title or interest upon the Plaintiff.