(1.) DEFENDANT is the State. The challenge is laid by the State against the impugned judgment and decree in this second appeal filed under section 100 of CP. Code, which in turn has affirmed the judgment/decree of the trial Court. The impugned judgment is dated 23.12.1980 in C.A. No. 12-A/1979, passed by learned Ilnd Additional District Judge, whereas the judgment and decree of the trial Court is dated 23.1.1979, passed by learned Civil Judge Class II, Dhar in civil suit No. 45-A of 1978. The appeal was admitted for final hearing on following substantial question of law :-
(2.) FACTS of the case lie in a narrow compass.
(3.) RESPONDENT No. 1 is the plaintiff. He filed a suit out of which this appeal arises for a declaration of his title to the suit land. He alleged that he entered into an oral contract in 1967 with the respondent No. 2 (defendant No. 3) to purchase the suit land on payment of Rs.15,000/- and obtained possession of the land. He, then alleged that later on 1.7.1974 got the sale deed, in his favour of the land in suit by paying further Rs. 15,000/- from said Lal Singh.