ARUN KUMAR SHARMA Vs. RAJENDRA AND OTHERS

JUDGEMENT

(1.) The instant appeal by the plaintiff/appellant is directed against the concurrent judgment dated 12.03.2007 passed in Civil Appeal No.18-A/2006 confirming the judgment and decree dated 01.02.2003 passed in Civil Suit No.87-A/2001 dismissing the Suit.

(2.) Facts necessary for disposal of this appeal as per plaint allegation are that the subject matter of Suit; an agricultural land admeasuring 1 bigha and 3 biswas falling in Survey No.7, village Pahargarh, Tehsil Jaura, district Morena. According to plaintiff, defendants Jagannath, Mahila Soni and Mahila Ramdevi are brother and sisters and Suit property is of their ownership. Ramedevi and Soni had abandoned their share and had given it to brother Jagannath. As a measure of formality only their names are registered in the revenue records. According to the plaint allegations, Jagannath had taken loan of Rs.40,000/- from the plaintiff Arun Kumar Sharma and had executed an agreement on 14.02.1994. He had handed over the possession of the Suit land. As per their agreement if Jagannath had returned the money within ten years, he would get back the possession of the land, otherwise he should execute the sale deed in favour of the plaintiff. According to plaintiff, he has been in possession of the Suit land and doing cultivation. On having come to know that a sale deed has been executed in respect of Suit land in favour of defendant no.1 Rajendra on 10.2.1998 by Jagannath and since he was threatened to be dispossessed from the Suit land, he had filed the Suit for declaration of title and injunction not to interfere with the possession and the sale deed dated 10.01.1998 was null and void.

(3.) In the Written Statement, Suit allegations were denied in entirety. Defendant Nos.2, 3 and 4 stated that though Suit property is that of joint ownership and are in joint possession, each of them have 1/3rd share in it. They have sold the Suit land on 19.2.1998 to defendant no.1 for consideration of Rs.31,200/-. Defendant nos.3 and 4 have not relinquished or abandoned their share in favour of defendant no.2. Defendants have denied the alleged agreement dated 04.08.1994. They have further denied to receive Rs.40,000/- from the plaintiff. They have denied to hand over the Suit land. Defendant no.1 has also filed a Written Statement before the Trial Court. The Trial Court has disbelieved the story framed by the plaintiff in the form of plaint allegations and found that those allegations were not proved. It held;