SATYABIR SINGH Vs. SHRI CHAND

JUDGEMENT

(1.) Heard Shri Sumit Suri holding brief of Shri Nipun Singh, learned counsel for the appellant and Shri Santosh Kumar Srivastava, learned counsel for the respondent.

(2.) This is defendants' Second Appeal against the Judgment and Decree dated 01.11.2006, passed by Sri C.K. Kulshrestha, Additional District Judge, Court No.7, Muzaffarnagar in Civil Appeal No.05/2006 and Judgment and Decree dated 15.12.2005, passed by Civil Judge ( Senior Division), Kairana, Muzaffarnagar in Original Suit No.123/1995, Sri Chand Vs. Satyabir Singh, decreeing the suit of the plaintiff for damages along with interest @ 6% per annum.

(3.) The plaintiff instituted an Original Suit No.123 of 1995, praying for a decree of damages of Rs.24,327/- along with interest from 23.09.1985 to 13.11.1995, amounting to Rs.59,195.64 @ 2% interest per month and 2% interest per month on the amount of Rs.24,327/- from 14.11.1995 till the date of recovery from the defendant. The plaintiff's case is that the defendant claiming himself to be the owner of the property given at the foot of the plaint, executed a sale deed in his favour for a sale consideration of Rs.22,000/- on 23.09.1985; that it was agreed that possession of the property shall be given later; that during this period one Tilak Ram instituted an Original Suit No.252/1985 in the court of Munsif Carana, claiming himself to be the owner of the suit property; that in the aforesaid suit defendant gave his statement and admitted Tilak Ram to be the owner of the property on the basis of family settlement for last 10 years and the suit was decreed in favour of Tilak Ram on 06.10.1993; that therefore defendant was not the owner of the property on the date of sale deed and he has committed fraud against the plaintiff and hence the suit.