JASWANT SINGH Vs. SURINDER KAUR KOHLI

JUDGEMENT

(1.) THIS suit has been filed by the plaintiff for declaration of sale deed executed by the plaintiff in favour of the defendant as null and void and thereafter cancellation of the sale deed dated 23rd January 2008 executed by the plaintiff in favour of the defendant at the Sub Registrar"s Office vide registration No. 422, Additional Book No. 1 Vol. 877, Pages 109 to 114.

(2.) IT is submitted by the plaintiff that the value of the property transferred by the virtue of the sale deed was Rs. 85 lac and out of that Rs. 25 lac was the sale consideration mentioned in the sale deed and Rs. 60 lac was to be paid in cash by the defendant by the same evening. He took the plea that the defendant played foul play and did not hand over the cash and also did not hand over the cheques as mentioned in the sale deed. The plaintiff has valued the suit for the purpose of jurisdiction at Rs. 85 lacs but for the purpose of court fees, he has not valued the suit and stated that the Court fee paid as Rs. 20 only. While issuing summons of the suit, this Court had left the question of court fee open and allowed registration of the instant plaint.

(3.) THE statement of plaintiff under Order 10 CPC was recorded by this court on 13th January 2009. The statement tendered by the plaintiff is not in conformity with the plea taken by the plaintiff in the suit. While in the suit, the plaintiff has taken the plea that the sale deed was executed as a security and the property was to be transferred back. In his statement under Order 10 cpc, he has not taken this stand and rather had taken the plea that he had entered into an oral agreement initially and he had executed the sale deed since he was under debt and he needed finance as they had to pay money to State Bank of India, Punjab National Bank, Rajasthan Bank and Syndicate Bank. The total money payable by him and his son to various banks was around Rs. 5 crore. He stated that he had mortgaged this property to Allahabad Bank and the title deeds of the property were lying with Allahabad Bank.