MAHENDRA SINGH Vs. SURENDRA

JUDGEMENT

(1.) Heard Sri Ramendra Asthana, learned Counsel for appellant on the admission of appeal. This Second Appeal has been filed by plaintiff challenging the judgment and decree dated 15.1.2014 passed by the Appellate Court allowing the appeal filed by defendant, whereby suit for cancellation of sale-deed filed by plaintiff/appellant has been dismissed.

(2.) Plaintiff filed a suit for cancellation of sale dated 27.12.2005 on the allegation that he was a bhumidhar with transferable rights in respect of 1/4th share of Plot No. 940 (area 1.182 hectare). As he wanted to repay a loan to the bank, he approached the defendant to negotiate the sale of aforesaid land to the extent of 1 bigha kham. It is alleged that defendant agreed to purchase the said land against the sale consideration of Rs. 35000/-, pursuant to which a registered sale-deed was executed on 27.12.2005. After plaintiff accepted the aforesaid sale consideration, it was alleged that plaintiff was neither permitted to read the contents of sale-deed nor was the same read over to him and upon an enquiry made by plaintiff to let him go through the contents of sale-deed, defendant is alleged to have feigned an excuse. However, on 25.7.2007 when defendant attempted to cultivate the entire holding of plaintiff, it transpired that defendant had got the sale-deed dated 27.12.2005 executed in respect of entire 1/4th share of plaintiff as against 1 bigha kham, hence the suit for cancellation of sale-deed dated 27.12.2005.

(3.) The suit was contested by defendant on the ground that he is the tenure-holder in possession under registered sale-deed dated 27.12.2005 after payment of sale consideration of Rs. 50,000/- to plaintiff in respect of entire 1/4th share of aforesaid land. It was further alleged that prior to execution of the registered sale-deed on 27.12.2005, parties had entered into an agreement to sell dated 20.12.2005, wherein plaintiff had agreed to sell the aforesaid land for Rs. 50,000, out of which Rs. 20,000/- was accepted as earnest at the time of agreement. Subsequent to agreement and upon payment of sale consideration of Rs. 30,000/-, sale-deed was executed and registered on 27.12.2005. It was further stated that allegations made in the plaint are false and concocted and based on concealment of facts.