RAJENDRA SINGH Vs. MAHILA CHANDRA BAI

JUDGEMENT

(1.) This second appeal has been filed by the defendant No. 3 Rajendra Singh against the judgment and decree passed against him by learned First Appellate Court decreeing the suit of the plaintiff (respondent No. 1) against him also.

(2.) Looking to the substantial questions of law which are framed, the facts necessary for the disposal of this second appeal lie in a narrow compass. Suffice it to say that a suit for realization of Rs. 2000/- has been filed by the plaintiff Chandra Bai (who died during the pendency of the suit and her LR Dinesh Chandra was brought on record) against the defendants and in the alternative for the cancellation of the registered sale-deed dated 14-12-1976 executed by plaintiff in favour of first defendant under the guardianship of his father i.e. the second defendant and possession be also delivered to her from first and second defendants and also for damages to the tune of Rs. 1000/-.

(3.) According to the plaint averments, the plaintiff was the Bhumiswami of the suit property, the description whereof has been mentioned in the plaint and was also possessing it. The suit land was sold by her to second defendant, who got it registered in the name of his minor son (first defendant) on 14-12-1976. The draft of sale-deed which was executed by her was prepared by third defendant who is an Advocate. According to her, the sale consideration Rs. 2,000/- was fixed between her and defendant No. 2. After the execution of sale-deed, the suit property is being possessed by first and second defendants.