RAMJAN KHAN Vs. BABA RAGHUNATH DASS

JUDGEMENT

(1.) The aforesaid two second appeals are being disposed of by this common judgment.

(2.) The plaintiffs have preferred these two appeals aggrieved of the judgment and decree of the two Courts below, whereby two separate suits of the plaintiffs for reconveyance of agricultural suit-lands after executing sale-deeds in relation to the same have been dismissed.

(3.) The facts leading to these two peoples are that the plaintiffs executed two registered sale-deeds on 10-10-1956 before Sub-Registrar, Morena, one of which is typed on a stamp paper and the other is handwritten for a consideration of Rs.2500/- each and transferred the suit-lands in favour of Baba Lakhan Dass (for short, the 'Baba'), resident of Inderkhi Galarkhoh, Tahsil and District Morena, after obtaining previous sanction of Sub-Divisional Officer, Morena, after obtaining previous sanction of Sub-Divisional Officer, Morena, under S.70 of the M. B. Land Revenue and Tenancy Act; Samvat 2007 (for short, the 'Act') in file Rs. 22/56x 6/ lx7 possession of the lands under the two saledeeds was delivered to the Baba through Baba Ratan Dass Vairagi. In these two sale-deeds at the place above two sentences from the bottom the following words are written with pen "Yah Bhoomi Dev Sthan Shri Ram Janki Ke Upbhog Main Rahegi. Deegar Ko Antarit Na Kar Sakenge." The addition of these words in the two sale-deeds does not bear the signatures or the thumb ingression of the Baba or Baba Ratan Dass. It is alleged that the Baba subsequently on the same day entered into agreements to sell the suit lands on payment of an amount of Rs. 2500/- each without interest, as the alienee, the Baba, was usufructing the land. It may be mentioned here only that the Baba was an illiterate person and used to put his thumb impression on the document, which was written by R.R. Patankar (PW 1), a resident of Gwalior and an employee of the Municipal Corporation, Gwalior. There was no term of covenant in the two sale-deeds; about the transaction being in the relationship of debtor and creditor and the transfer being a collateral security for loan. The sale deeds and the agreements were not executed contemporaneously, nor they, were executed at the same place; the sale deeds were executed before Sub-Registrar, Morena, and the agreements were said to have been executed at a temple near Banmore, which is 75 Km. away from Morena. The plaintiffs averred that when they arranged Rs. 5000/- after pledging their utensils and taking loans approached the Baba in the month of December 1963 for reconveying or re-purchasing the suit lands in accordance with the agreements to sell (Ext. P-1), the Baba was not well and asked the plaintiffs to come after 2-3 months, but because of the ill-health the sale-deeds could not be executed. On 11-8-1964 the Baba died; thereafter the plaintiffs approached the defendant on several occasions but he avoided to execute the sale-deeds on one pretext or the other, and on 21-l-1971 refused to reconvey the suit-lands and to execute the sale-deeds. Notice (Ext. P-1 ) dt. 15-3-1971 was issued by the plaintiffs through their advocate Shri Nizamuddin Khan. In this notice there was no mention of the agreement (Exi. P-1) but the plaintiffs challenged the right of the Baba to transfer the suit-lands to the Baba challenged (sic) The allegations in the notice were denied by the defendant vide Ext. P-3. Then another notice (Ext. P-2) dt. 4-6-1971 was issued by the plaintiffs through the same Advocate wherein a demand was made to execute the sale-deeds and to deliver possession of the suit-lands on the basis of Ext. P-1.