BHURI Vs. BALWANT SINGH

JUDGEMENT

(1.) This is the Plaintiff's second appeal against the decree & judgment dated 29-11-1969 of the Additional Civil Judge, Moradabad, affirming the decree of the trial court.

(2.) This was the Plaintiff's suit for cancellation of sale deed dated 22nd August, 1964 executed by the Plaintiff in favour of Defendant Nos. 1 and 2. The suit was filed on the allegation that Plaintiff was the Bhumidhar of plot No. 437-A and 437-B--total area 3.16 acres. Crops of sugar-cane etc. were standing on the land of the valuation of about Rs. 2,500/-. She wanted to go to pilgrimage and hence, she desired to sale the standing crops of the aforesaid plots. She requested Hari Singh, Defendant No. 2, who was her nephew to arrange for the sale of the crops, but he himself showed his willingness to purchase the crops for Rs. 1600/-. According to the Plaintiff's allegation, she had full faith in Hari Singh. She went to Amroha to execute the sale deed of the crops, but Hari Singh fraudulently got a sale deed executed of the aforesaid plots for a sum of Rs. 1600/-. The sale deed was challenged on the ground of fraud and inadequacy of sale consideration and also on the ground that it was hit by Section 168-A of the UP ZA and LR Act (hereinafter referred to as Act). It was further alleged that consolidation of holdings proceeding was going on in the village and the necessary permission was not obtained from the consolidation authorities for executing the sale deed.

(3.) The suit was contested by the Defendants on the ground that the Plaintiff never went to the pilgrimage. The consolidation proceeding had already come to an end and the village was denotified under Section 52 of the U.P. Consolidation of Holdings Act before the sale deed was executed. Therefore, no permission was necessary for execution of the sale deed and the same was not hit by Section 168-A of the Act. According to the Defendants, they purchased the plot for Rs. 2500/- and not for Rs. 1600/-. It was further alleged that Plaintiff was explained and read over the contents of the sale deed and after due consultation with her well-wishers, she put her thumb impression on the sale deed. Out of the total sale consideration, Rs. 2000/- was paid to her before Sub Registrar and Rs. 500/- was paid before the sale deed was executed. It was also alleged that the quality of the land was not good and that was situated in low lying area and was not yielding good crops to the Plaintiff, it was further alleged that they exercised no undue influence on her and she executed the sale deed after fully understanding the whole thing. No fraud was played in obtaining the aforesaid sale deed.