GOVIND PRASAD Vs. SADDU

JUDGEMENT

(1.) THIS is a second appeal by the defendants, sale deed dated 8.3.1967 on whose favour was held to be nominal and sham transaction as a collateral security for loan, by both the Courts below and who have been directed to execute a reconveyance deed after receiving Rs. 4,800/- from respondents No. 1 and 2 (to be called as 'plaintiffs' only).

(2.) SADDU alias Sadhuram (R-l) and Kalloo alias Kaluram (R-2) (to be called as 'plaintiffs' only) had filed a suit for reconveyance and permanent injunction. Later on a prayer for delivery of possession was also added by way of amendment in the plaint. The plaintiffs had executed a sale deed for Khasra No. 132/1 area 14.51 acres, Khasra No. 132/2 area 0.24 acres and Khasra No. 135 area 8.24 acres totalling to 22.99 acres (to be called as 'suit lands' only) on 9.6.1965 for ostensible consideration of Rs. 4,800/- in favour of Shamboo Singh (R-3) and Ratiram (R-4) (since deceased), his legal representatives are brought on record. Later on, on 8.3.1967 Shambu Singh (R-3) and Late Ratiram (R-4) executed a second sale deed in favour for ostensible consideration of Rs. 6,500/-. Saddu alias Sadhuram (R-1) had attested the same as a witness.

(3.) LATER on a prayer for possession was also added by way of amendment claiming that the appellants have dispossessed the plaintiffs in Sep. 1981. Still later on 5.1.1984 this plea was also added that Shambu Singh (R-3) and Late Ratiram (R-4) had demanded back their money but plaintiffs had no arrangement, hence approached Mannulal the father of the appellants who agreed to advance Rs. 4,800/- on the same terms, on which the previous sale deed was executed. This time a sale deed for Rs. 6,500/- was executed as the price of half share of crop Rs. 1,700/- was also added to it. It was also claimed that the plaintiffs continued to pay half of the crop to Munnulal. It was also claimed that the second sale deed was also nominal. An alternative prayer was also added that in case the Court holds that the plaintiffs should pay Rs. 6,500/- to the appellants then they are ready to pay the same.