BAHADUR RAM Vs. MANGLA DEVI

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 15.6.1987, passed by First Appellate Court (District Judge, Pithoragarh) in Civil Appeal No.02 of 1987, whereby said appeal has been allowed and judgment and decree dated 15.12.1986, passed by the trial Court (Munsif, Pithoragarh) in suit No. 05 of 1985 is set aside.

(2.) HEARD learned Counsel for the parties.

(3.) DEFENDANT /appellant contested the suit and filed his written statement, before the trial Court. He pleaded that the plaintiff executed sale deed dated 24.1.1983, for a consideration of Rs.5,500/- and the deed was registered before the Sub-Registrar, Didihat. It is further pleaded that before execution and regis­tration of the deed, the deed was read over and explained to her and only there­after, she signed it, and admitted the fact before the Sub-Registrar, Didihaat, before registration. It is further pleaded that one Rami Ram and Sundar Ram, were interested to purchase the property from the plaintiff and they instigated to the plaintiff to get the sale deed executed in favour of the defendant, cancelled.