PARMA AND ANOTHER Vs. JHAMA AND OTHERS

JUDGEMENT

(1.) The appellants/defendants have filed this appeal being aggrieved by the judgment and decree dated 24.7.1997 passed by the First Additional Judge to the Court of District Judge, Tikamgarh in Civil Appeal No.9-A/88 whereby the judgment and decree dated 30.11.1983 passed by the Additional Civil Judge Class-II, Tikamgarh in Civil Suit No.26- A/83 has been reversed and the suit filed by the respondent/ plaintiffs has been decreed.

(2.) In brief, the case of the respondents/plaintiffs, in th suit was that they had agreed to sell 0.032 Hectares of land of Khasra No.1452 of village Doh for a consideration of Rs.1,000/- to the appellant/defendant no.1, who is their uncle, but the appellants/defendants taking advantage of the illiteracy of the respondents/plaintiffs got a sale deed prepared for sale of not just the aforesaid land but also 0.372 Hectares of Khasra No.165 situated in village Baijan. It was also alleged that though the appellants/defendants had agreed to purchase the land for a sum of Rs.1,000/- and had told the respondents/plaintiffs to make such a statement before the Registrar to the effect that they had already received the amount but the said amount was never paid to them and, therefore, the respondents/plaintiffs had filed a suit for declaring the sale deed executed by them dated 23.10.1981 as null and void on account of fraud and on account of the fact that it was without consideration. The suit filed by the respondents/plaintiffs was opposed by the appellants/defendants and was ultimately dismissed. On an appeal being filed by the respondents/plaintiffs, the First Appellate Court by the impugned judgment and decree, has allowed the suit, hence this appeal.

(3.) This Second Appeal was admitted by this Court on the following substantial questions of law:-