AMARNATH Vs. BHUWANESHWAR PRASAD GUPTA

JUDGEMENT

(1.) Heard learned counsel for the parties on admission of second appeal. After hearing it appears that appeal may be decided at this stage. Therefore, I proceed accordingly.

(2.) It is admitted case of the parties that plaintiff Amarnath was owner of 1/3rd share of plot no. 142S, area 30.5 decimal situated in village Chak Mubarak. It is also admitted that plaintiff had executed the registered sale -deed dated 20.07.2004 of his whole share in said land in favour of defendant Bhuwaneshwar Prasad Gupta for consideration of Rs. 3,40,000/ -. It is admitted that at the time of execution the plaintiff had received Rs. 1,76,000/ - as sale consideration to defendant. It is also admitted that at the time of registration of said sale -deed the defendant had agreed to pay remaining consideration of Rs. 1,64,000/ - to the plaintiff within one month. It is also admitted that when defendant had not paid remaining consideration to plaintiff within one month then plaintiff had filed suit for cancellation of said sale -deed dated 20.07.2004.

(3.) It is also admitted fact that after execution of sale -deed in question, although remaining consideration was not paid by defendant within one month but plaintiff had raised no objection before revenue court at the time of mutation of name of defendant over disputed land. This was done before institution of original suit.