GHANSHYAM Vs. BABULAL

JUDGEMENT

(1.) BEING aggrieved by the judgment-decree dated 23-11-1989, passed by 1st ADJ, Teekamgarh, in C.A. No. 22-A/84, affirming the judgment- decree dated 24-2-1983, passed by the Additional Civil Judge, Class-2, Teekamgarh, in C.S. No. 1-A/82, plaintiff/appellants have preferred this appeal under Section 100 of Civil Procedure Code.

(2.) THE appeal was admitted on the following substantial questions of law :-

(3.) DW /1 Babulal stated that the suit lands are known as Bunkariya Kunwa. These lands were held by late Ganga Sahu. Late Ganga Sahu agreed to sell the suit lands to him for a sum of Rs. 900/- and received Rs. 100/-. Late Ganga Sahu placed him in possession of the suit lands. After the death of late Ganga Sahu his widow Gunguch and plaintiff/appellants having received Rs. 800 from him, agreed to execute the registered sale deed in his favour. Late Gunguch and plaintiff/appellants, accordingly, executed agreement dated 26-2-1968 (Ex.D/1). PW/1 Ghanshyam in cross-examination has admitted his signature A to A on Ex.D/1. DW/1 Babulal has further stated that Ex.D/1 agreement was signed by the plaintiff/appellant Rukmini, the other widow of late Ganga Sahu and Ghanshyam, Bhagchand, Kashiram and Halke also. This statement of DW/1 Babulal is fully supported by DW/2 who was present at the time of execution of agreement dated 26-2-1968 (Ex.D/1) DW/3 Ramdayal is other witness to state that late Gunguch and plaintiff/appellants confirmed the sale and executed document Ex.D/1 on receipt of Rs. 800/- from defendant/respondent DW/1 Babulal. DW/4 Gunthe, DW/5 Karoda have stated that defendant/respondent Babulal remained in possession of the suit lands since the time of late Ganga Sahu. Ex.D/2 is the application said to have been filed by the plaintiff/appellants Ghanshyam, Bhagchand, Kashiram, Halke opposing the mutation of defendant/respondent - Babulal in the revenue record. Statements of Bhagchand, Ghanshyam and Rukmini were recorded by the Tehsildar. In Ex.D/3 Bhagchand, Ghanshyam, Rukmini have accepted that DW/1 Babulal remained in possession of the suit lands from the date of sale. PW/1 Ghanshyam in earlier statement Ex.D/3 stated that he is willing to return Rs. 900/- to the defendant/respondent. Bhagchand the other brother in Ex.D/3 also admitted that the suit lands were sold to defendant/respondent-Babulal.