MAHENDRA PRATAP Vs. BHAGWATI DEVI

JUDGEMENT

(1.) Heard Sri Ramendra Asthana learned Counsel for appellant and Sri Swapnil Kumar learned Counsel for respondent on the admission of appeal. Smt. Bhagwati Devi (since deceased and now represented by her legal representative), plaintiff/respondent No. 1 filed a suit for permanent injunction and cancellation of sale-deed dated 26.4.1975 alleging that she is the owner in possession of the property i.e., Khasra No. 332/1 situate at Mauza Bhoorh Ka Bagh (area 400 sq. yards) (property in dispute) Agra under a registered sale-deed dated 7.6.1971, and since then, she constructed one room and a boundary-wall wherein she is engaged in the business of selling building materials. Defendants have no concern with the property in dispute, but as they attempted to take forcible possession thereof on 19.2.2002, she filed the suit. She claimed that subsequent to the filing of the written statement, plaintiff acquired knowledge that defendant had set up an alleged agreement dated 30.11.1971 and pursuant thereto a registered sale-deed dated 26.4.1975 in his favour. She denied the execution of sale-deed including the delivery of possession. She stated that the alleged agreement dated 30.11.1971 was infact a deed of mortgage as she had obtained some advance from defendants, which had been repaid.

(2.) The suit was resisted by defendants on the premise that plaintiff voluntarily executed a registered sale-deed dated 26.4.1975 of the property in dispute, after receiving sale consideration. It was denied that plaintiff/respondent acquired knowledge of the sale-deed only on 7.5.2002.

(3.) The Trial Court after exchange of pleadings and evidence held that the sale-deed dated 26.4.1975 was a void document as it did not contain signatures of the alleged vendors, i.e., Smt. Bhagwati Devi and her husband Om Prakash and decreed the suit. The appeal too was dismissed.