SUDAMA YADAV Vs. AWLAD SHAH

JUDGEMENT

(1.) This plaintiff's second appeal was admitted for hearing on the following substantial questions of law: -

(2.) The suit property was originally held by Peer Khan. It is the case of the plaintiff that he has purchased the suit land from the nephew of Peer Khan by registered sale deed dated 31-3-1998 (Ex.P-1) and obtained possession and got the name recorded in the revenue record, but since the defendants started quarrelling on the basis of gift deed dated 18-3-1989 and on account of the revenue proceedings initiated and pending, he filed the suit on 1-8-2000 seeking declaration of title and permanent injunction in which defendant No.1 filed written statement and admitted the fact of execution of sale deed in favour of the plaintiff, but further averred that the consideration amount of only â "? ? 15,000/- has been paid out of â "? ? 75,000/- and therefore no title has been passed. However, defendant No.3 setup the plea of gift in his favour by Peer Khan on 18-6-1989 and also filed counter-claim seeking possession, before the trial Court.

(3.) The trial Court by its judgment and decree dated 30-9-2004 dismissed the suit as well as the counter-claim and on appeal preferred by both the parties, dismissal of suit and counter-claim was upheld by the first appellate Court. Now, only the plaintiff has filed second appeal in which the above-stated three substantial questions of law have been formulated for determination.