SHEOPAL SINGH Vs. CHHIDDU SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This second appeal arises out of O. S. No. 354 of 1982, which was instituted by the respondent Sri Chhiddu Singh minor son of late Sri Maharaj Singh through his next friend/ sister Smt. Omwati. The relief claimed in the said suit was for cancellation of the sale deed dated 25.04.1981 executed by late Sri Maharaj Singh (plaintiff's father) in favour of the defendant appellant Shiv Pal Singh. The suit was dismissed by Munsif, Hawali, Aligarh on 30.05.1984. Against the said decree plaintiff respondent filed Civil Appeal No. 167 of 1984. II Additional Civil Judge, Aligarh through judgment and decree dated 04.02.1985 allowed the appeal, set aside the judgment and decree of the trial court and decreed the suit for cancellation of sale deed dated 25.04.1981. This second appeal is directed against the judgment of the lower appellate court.

(3.) Through the sale deed agricultural land admeasuring 3 bighas 17 biswas 5 biswasis was sold for Rs. 28,750/-. In the sale deed it was shown that Rs. 18,700/- had earlier been paid and Rs. 10,000/- were paid before the Registrar. The executant of the sale deed Maharaj Singh was murdered on 13.12.1981. FIR was lodged against the appellant and Jagbir Singh, however Sessions Judge, Aligarh acquitted them through the judgment dated 07.06.1983 passed in Session Trial No. 314 of 1982.