HARIHAR PRASAD Vs. BASANT KUMARI GUPTA AND OTHERS

JUDGEMENT

(1.) This is an appeal preferred by the defendant no. 1 applicant against the decree in the sum of Rs. 25,700 with six per cent interest pendente lite granted by the Court below :

(2.) The plaintiff/respondent No. 1, Basant Kumari, filed the suit giving rise to this appeal against the defendant no. 1 and other defendants/ respondent Nos. 2 to 7, claiming the above amount as the sale consideration which was in fact, according to her payable to her but was alleged to have been received by the present appellant from the respondent Nos. 2 to 7, who were the purchasers of her agricultural lands. The case set up in the plaint, in brief, is that the plaintiff and the defendant no. 1 are real sister and brother. The properties, which were subject of sale by her in favour of the respondent Nos. 2 to 7, were alleged to be the properties received by the plaintiff from her father under a gift deed dated 2-8-1963. It is not disputed that between the plaintiff and the defendant No. 1, there was a litigation with regard to the said properties and subject matter of the gift, which ended in second appeal in the High Court where the appellant withdraw his appeal resulting in confirmation of the decisions of the Court below that the plaintiff had derived valid title to the lands covered by the gift deed.

(3.) Further case set up by the plaintiff in the plaint is that in February, 1981 the defendant no. 1 approached the plaintiff and informed her that some persons in the village were willing to purchase the lands and the prices offered were good. According to the plaintiff, on the suggestions of the defendant No 1, she agreed to sell her property at the rate of Rs. 2,000/- per acre from khasra No. 283 area 13.53 and at the rate of Rs. 1,180/- per acre from khasra No. 72, area 1,14 decimal. The plaintiff knowledges to have received a sum of Rs. 1,000/- as earnest money and Rs. 1,500/- was deposited with the plaintiff by one of the purchasers i.e. respondent No. 7, Nandlal Lodhi. In this manner she admitted to have received a total sum of Rs. 2,500/- as earnest money.