SMT. RADHA RANI W/O SHRI HARI OM Vs. SMT. MOHIN DEVI (SINCE DECEASED) WIFE OF LATE SHRI HARI KISHORE AND ORS.

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 22.12.1992, passed by Additional District Judge/Special Judge (Anti Corruption), in Civil Appeal No. 31 of 1992, whereby said first appellate court has affirmed the judgment and decree dated 31.03.1982, passed by the trial court (Civil Judge, Dehradun), in suit No. 12 of 1980, dismissing the suit.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) THE defendant contested the suit and pleaded that she did not execute agreement dated 05.05.1975, as alleged by the plaintiff. She also denied having received any part of consideration, as alleged in the plaint. She also denied that she received any notice from the plaintiff to execute the sale deed. She pleaded that value of the property was Rs. 25,000/ - . It was further pleaded that the plaintiff is not entitled to protection under Section 43 A of Transfer of Property Act, 1882.