KRISHNA DEVI Vs. SHIKSHA DEVI

JUDGEMENT

(1.) Heard Sri Nipun Singh, learned counsel for the appellant and Sri Sumit Singh, learned counsel for the respondent in both the appeals.

(2.) Brief facts which culminated in the original litigation are necessary to be reproduced for proper appreciation of the fact situation of the case. It is an admitted position that Krishna Devi appellant in both these second appeals had entered into an agreement for sale with one Laxman Singh on 06.01.2005. As per the recitals of the agreement between Krishna Devi and Laxman Singh, Krishna Devi had agreed to sale 0.5463 hectares of land contained in survey no.483 (ma) situated at village-Hussainpur, Pargana, Gordhanpur, Tehsil and District- Muzaffarnagar.

(3.) It is case of Krishna Devi that she had obtained a loan of Rs.50,000/- from said Laxman Singh as a result of which said agreement dated 06.01.2005 was executed and later on such agreement on payment of loan amount was terminated vide cancellation deed dated 23.12.2005. Krishna Devi contested that this amount of Rs.50,000/- which forms part of the agreement between her and Laxman Singh was in fact obtained by her on account of illness of her husband who had met with an accident. Krishna Devi submitted that she had never executed an agreement to sale with Shiksha Devi on 23.12.2005 to allegedly sale total holding obtaining in her favour (i.e. 0.9692 hectares) for a sum of Rs.2,50,000/-. It is submitted that why should she agree to sale 0.9692 hectares of her land for a petty consideration of 2.50 lakhs when this area roughly translates into 14 Kaccha Bigha. Thus, it was alleged that the agreement to sale allegedly executed by Krishna Devi in favour of Shiksha Devi is a forged document and is not binding on Krishna Devi. Accordingly, she claimed relief of cancellation of the said agreement to sale having been obtained by fraud.