NAVAL SINGH Vs. RADHA DIXIT

JUDGEMENT

(1.) This is a second appeal purported to be under Sec. 100 of Code of Civil Procedure, 1908 challenging the validity and the legality of the judgment, order and decree dtd. 17/1/2019 passed by the Court of IVth Addl. District Judge, Agra in Civil Appeal No. 47 of 2018, Naval Singh vs. Smt. Radha Dixit, as well as the judgment, order and decree dtd. 25/2/2017 passed by the Court of Small Causes / Civil Judge, Agra in Original Suit no. 526 of 2010, Naval Singh vs. Smt. Radha Dixit.

(2.) Briefly stated, facts shorn of unnecessary details are that plaintiff- appellant as per the averments contained in the plaint in Original Suit No. 526 of 2010 instituted before the Court of Civil Judge (Senior Division), Agra being Naval Singh Vs. Smt. Radha Dixit had claimed himself to be the absolute owner and in actual physical possession of demised property being Khasra no. 688 and 672, Rakba 0.023 hect, situate at Sikri (2 hissa), Tehsil Kirawali, district Agra.

(3.) According to the plaintiff-appellant, the defendant respondent being Smt. Radha Dixit wife of Sri Shanti Swaroop is residing just in front of the plaintiff-appellant. As per the case set up in the plaint, the plaintiff- appellant has alleged that he was in dire need of financial assistance to the tune of Rs.20,000.00 for house and family members, accordingly, the plaintiff-appellant approached the husband of defendant-respondent being Sri Shanti Swaroop and he showed his willingness to grant financial assistance to the plaintiff-appellant, provided that a security/ mortgage deed is executed by the plaintiff-appellant in favour of the defendant- respondent. It was, therefore, settled between the plaintiff-appellant on the one hand and defendant-respondent on the other hand that a mortgage/ security deed will be executed for grant of financial assistance to the tune of Rs.20,000.00, and thus, the plaintiff-appellant, defendant-respondent and her husband went to Tehsil-Kirawali on 16/8/2008 for the purposes of registration of security / mortgage instrument.