KHAJA BEE AND OTHER Vs. SANGEVI JOHARIMAL

JUDGEMENT

(1.) This second appeal arises out of a suit for declaration of the plaintiff's title and dispossession of the defendant from the plaint schedule house and recovery of Rs. 100/- by way of damages for its use and occupation, which has been decreed by both the courts.

(2.) Briefly stated, the facts are these : The plaintiff purchased the suit house from the defendant for consideration of Rs. 800/- under a duly executed registered sale deed dated 24-11-1954. According to him he took possession of the souse forthwith and leased it out for a period of one year to the defendant himself on the very next day on the stipulation of payment of rent of Rs. 10/- per mensem under a lease deed executed on 25-11-1954. The defendant as per the terms had been paying rents regularly for some time but he defaulted in payment of the same from May 1958. The plaintiff therefore issued a registered notice dated 2-1-1959 to the defendant threatening him with eviction proceedings. The defendant in response denied the very tenancy and execution of the alleged lease deed. Thereupon the plaintiff brought the above mentioned suit in the court of the District Munsiff of Gooty.

(3.) The defendant resisted the action on several grounds. He disputed that the plaint and the vakalat were ever signed at all by the plaintiff. He contended further that the plaint was not properly presented. While he admitted that he had executed the registered sale deed in favour of the plaintiff, he contended that it was not executed for proper and valid consideration. According to him the circumstances under which the said deed was executed were as follows:-