CHANDRA LAL MAURYA Vs. HAMZA

JUDGEMENT

(1.) HEARD Sri Sharad Malviya, learned counsel for the appellant and perused the record. This is a plaintiff's second appeal against the judgment and decree dated 15th November, 2010, passed by the Court of Additional District Judge (Court No.1), Azamgarh in Civil Appeal No.315 of 2008, arising out of original suit no.496 of 2003, whereby the appeal of the plaintiff was dismissed and the judgment and decree of the trial court dismissing the plaintiff's suit was affirmed.

(2.) THE relevant facts are that the appellant instituted suit for permanent prohibitory injunction, which was, promptly, amended so as to seek cancellation of sale deed dated 21st April, 2003, purportedly, executed by the plaintiff in favour of defendants 1 & 2 (both minors). The plaint case was that the plaintiff had been taken by the defendant no.3 (Ajaj Ahmad), the grand father of defendants 1 & 2, to the Sub Registrar's office for being witness of a sale deed to be executed by Ajaj Ahmad in favour of his grandsons, but by playing fraud upon the plaintiff, Ajaj Ahmad got from the plaintiff, a sale deed executed in favour of his own grandsons i.e. defendants 1 and 2. It was pleaded that the plaintiff is not mentally sound; that he neither intended, nor needed, to execute the sale deed; that no sale consideration passed; and that no prior negotiation took place for sale. The defendants contested the suit denying the plaint averments.

(3.) THE valid execution of the sale deed was proved by the testimony of various witnesses including the attesting witness, the scribe and the person who identified the plaintiff. It is noteworthy that the person who identified the plaintiff was an advocate, and the plaintiff in his testimony admitted that he had been knowing him for last six years. Further, the plaintiff admitted his photograph as well as his signature on the sale deed.