RAJENDRA PRAKASH Vs. BABITA GUPTA ALIAS PRATIBA GUPTA

JUDGEMENT

(1.) By means of this revision application under Section 115 of the Code of Civil Procedure, the order dated 24th August, 1998, passed by the learned Civil Judge. Senior Division. 2nd Court. Bareilly in O.S. No. 473 of 1994 has since been challenged.

(2.) The brief facts leading to the present situation may be summarised as hereinafter.

(3.) The plaintiff-opposite party had filed a suit praying for declaration that the plaintiff is the absolute owner in possession of the suit property declaring that the impugned sale deed being without consideration conferred no title to the defendant since the same is void, illegal and in-operative and not binding. The pleading made out in the plaint is that a deed of sale was registered by the plaintiff in favour of the defendant in consideration of a sum of Rs. 1,25,000 paid by cheque without any payment by cash. The cheque was dishonoured by the bank on the ground of insufficient fund. The plaintiff requested the defendant as well as by notice sent under registered post asking the defendants either to pay the consideration or to get the sale deed declared illegal and void. The defendant did not pay any amount nor did take any steps for declaration of the sale deed void and thus the defendants had obtained the sale deed in a fraudulent manner. Hence, the suit.