AWADH KISHORE Vs. RAMBAI

JUDGEMENT

(1.) THIS first appeal under Section 96 CPC has been filed by the appellant / defendant No.1 against the impugned judgment and decree dated 18.03.2011 passed by learned District Judge, Datia (MP) in Civil Suit No.39-A/1993.

(2.) BRIEFLY stated facts of the case are that the respondent no. 1 / plaintiff had filed a suit against the appellant / defendant no. 1 for declaring the sale deed dated 4.4.1991 void and ineffective, by which, agricultural land bearing survey No. 1477/1543 (old) and after settlement, new survey no.1590 area 4.75 hectare and open land ad measuring 45 x 40 situated at village Vargay, Tahsil and District Datia (MP) has been sold.

(3.) THE appellant / defendant no. 1 in his written statement has admitted that he was appointed power of attorney for some time by the respondent no. 1 / plaintiff and vision of respondent no. 1 / plaintiff was very weak. He has also stated that the plaintiff told him that she has to pay loan taken by her husband for which she was interested to sell the land in a sum of Rs.30,000.00, therefore, the appellant / defendant no. 1 was ready to purchase the land. Out of Rs.30,000.00, the appellant had paid Rs.20,000.00 to the plaintiff at the time of agreement in the presence of the witnesses and remaining Rs.10,000.00 was fixed to be paid before the Registrar at the time of registry. Thereafter, agreement deed was executed by the plaintiff and the same was read over to her. Thereafter, some people were ready to give higher price of the land to the plaintiff, therefore, the defendant no. 1 had given Rs.80,000.00 to the plaintiff and got executed the sale deed and registered the same.