SHARAD JOSHI Vs. PADMAWATI

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dtd. 3/4/2007 passed by the Additional District Judge, Bemetara (CG) in Civil Suit No. 12-A/99 wherein the said court decreed the suit filed by the respondent/plaintiff Padmawati for land bearing Survey No. 370 & 423/1 area 12.93 hectares situated at village Bhaisamuda and for getting amount of paddy auctioned of the said land in a proceeding under Sec. 146 of the Code of Criminal Procedure, 1973.

(2.) As per version of respondent/plaintiff Padmawati, Madhaw Joshi had agricultural land in village Khandsara and Bhaisamuda. Land measuring 52.51 acres situated at village Bhaisamuda was sold to Padmawati by said Madhaw Joshi vide sale deed dated 9- 2-1972 for cash consideration of Rs.10,000.00. Some of land was resold by Padmawati to Madhaw Joshi and property in question was remained with Padmawati who is sole owner of the land having possession from the date of sale deed i.e., 9/2/1972. After hearing the parties, the trial court has decreed the suit as mentioned above.

(3.) Learned counsel for the appellant would submit as under: