LALSA RAI Vs. LEKHOO CHAMAR

JUDGEMENT

(1.) By an order dated Jan. 25, 1980 the present appeal along with the suit, out of which it arises, were abated by this Court under Sec. 5 of the U.P. Consolidation of Holdings Act. That order was, however, subsequently recalled and the case directed to be put up again for orders.

(2.) When the appeal was called on for hearing it was submitted by Sri R.N. Singh, appearing for the applicant, that an order of abatement under Sec. 5 of the U.P. Consolidation of Holdings Act deserved to be passed in it again. This submission was countered by Sri Faujdar Rai for the plaintiff-respondent who, inter alia, pointed out that a notification under Sec. 52 of the Act having been published on May 25, 1981 in respect of the area involved in the appeal, no such order could be passed.

(3.) A perusal of the plaint shows that the principal allegation therein is that by practising fraud and misrepresenting that a deed of security was to be executed in connection with the allotment of a fair-price shop, the defendant-appellant made the plaintiff to sign some documents which was later utilised to prepare sale-deeds in respect of the land in suit. The plaintiff, according to the prayer made in the plaint was entitled to a decree for cancellation of the aforesaid documents. The case of the defendant was that the plaintiff had voluntarily executed the sale-deeds in his favour. Both the courts below accepted the plaintiff's case and passed a decree in his favour.