(1.) This is defendant's second appeal against the judgment and decree passed by learned two Courts below decreeing the suit of plaintiff.
(2.) On 23-7-1983 (more than 28 years ago) the plaintiff filed suit for declaration and cancellation of the sale deed dated 23-7-1980 to be null and void and ineffective against the plaintiff and further that the same was obtained by playing fraud upon him by the defendant and by the said sale deed the plaintiffs Bhumiswami right are not affected. In para-1 the plaintiff has pleaded the details of the disputed land and according to him, he is the Bhumiswami of these lands and his name is also recorded in the revenue record as Bhumiswami. Further it has been pleaded by him that he obtained a loan (amount not disclosed) from one Sheetal Prasad (not examined) and to repay the loan he was in need of Rs. 500/-but nobody was giving this amount on credit, as a result of which he agreed to sell his one Survey No. 345 to the defendant for a consideration of Rs. 500/- in the presence of two reputed persons (not named in the plaint) of the village. According to the plaintiff, a sum of Rs. 500/- was paid at the residence of defendant on 23-7-1980 and thereafter both of them went to Satna to get the sale deed executed. They were accompanied by Bhola Prasad, who is the Chela of defendant and his brother Shyamsunder. After arriving at the Sub-Registrar office, the defendant purchased the stamp paper and by asking one Chandrashekhar (not examined) to sit little far away he carried the plaintiff to a document-writer (not examined) and interacted with him, but, the said document-writer refused to prepare the document of sale deed. Eventually, the defendant went to another document-writer Devisingh (not examined) and interacted with him and he got the sale deed prepared. On the said sale deed the plaintiff put his thumb-impression and the attesting witnesses also signed the said sale deed. Thereafter, the document-writer Devisingh along with the attesting witnesses, plaintiff and defendant went to the office of the Sub-Registrar. The plaintiff was under impression that only one Survey number is being sold for Rs. 500/-. The Sub-Registrar called the plaintiff and asked him whether he had obtained the money (consideration)? In reply, he (plaintiff) told that he had already received the money in the village. Thereafter, in the presence of Sub-Registrar he put the thumb-impression and came out from his office. The plaintiff and defendant thereafter went to the village.
(3.) Further it has been pleaded by the plaintiff that when defendant did not return the Bhu-Adhikar Pustika (statutory document given to a Bhumiswami) certain doubts carved out in his mind and when in the village also the defendant did not return the said Bhu-Adhikar Pustika, the plaintiff made complaint to some reputed persons of the village and they called the defendant from his home and asked him why he is not returning the said Bhu-Adhikar Pustika to plaintiff. At this juncture, the defendant returned the said Bhu-Adhikar Pustika to him. The inhabitants of the village after going through the said Pustika asked the plaintiff whether he has sold his entire land to defendant? On this, plaintiff replied that he sold only one Survey number but those villagers told that in the Bhu-Adhikar Pustika there is an endorsement of selling the entire suit property. On knowing this fact the plaintiff became astonished and complained to other villagers and a Panchayat was assembled in which the defendant was summoned and he was interacted by the Panchas that how much money he has paid to the plaintiff and how much the land the plaintiff has sold to him because the plaintiff is saying that only Rs. 500/- has been paid to him and he has sold only one survey number. On this, the defendant admitted that he has paid only Rs. 500/- to the plaintiff and the sale deed has been executed for the entire suit property. On this act of defendant, the Panchayat persons scolded on him resultantly the defendant by assuring them that he would get the suit property reconveyed to the plaintiff by a registered document and thereafter he went to his house.