PREMNARAYAN Vs. KUNWARJI

JUDGEMENT

(1.) Plaintiff-appellants have come up in second appeal feeling aggrieved by the judgement and decree of the lower appellate Court directing their suit for recovery of possession and mesne profits over a piece of land to be dismissed in reversal of the decree of the trial Court, which had decreed the suit.

(2.) On 13-9-1979 this Court admitted the appeal for hearing parties on the following substantial question of law. Whether considering the facts and circumstances of the case, the lower appellate court, has correctly and properly decided the case on the basis of oral and documentary evidence, produced by the parties ?

(3.) The suit property is O. 423 hectares, area of land, survey No. 160, situated at village Bawan Heda, Tahsil Shujalpur, delineated in red in the map filed with the plaint. The case of the plaintiffs was that they had purchased the suit property under a registered deed of sale dated 13-1-72, however, possession was not delivered to the plaintiffs. The suit was for possession on the basis of their title among with the relief of recovery of mesne profits; It appears that there were two deeds of sale executed on the same day between the parties. While the plaintiff transferred a piece of land to the defendant, the defendant too transferred the suit land to the plaintiff. Both the documents recite a consideration of Rs. 500/- peach, said to have been paid anterior to the execution and registration of the deed of sale. The trial Court found that in reality there was an exchange of the two pieces of land between the parties which exchange was outwardly evidenced by executing two separate deeds of sale. This theory of exchange has been discarded by the lower appellate Court holding that the contents of the two documents indicated two separate transactions having been entered into between the parties. The lower appellate Court further held that in so far as the documents executed in favour of the plaintiff-appellants was concerned, the same was vitiated for want of consideration and also by exercise of undue influence.