SEWARAM Vs. MADAN MOHAN

JUDGEMENT

(1.) THIS is a time -barred appeal. The delay is of 154 days. An application u/s. 5 of the Limitation Act has been filed. Notice of the same was given. The explanation given for seeking condonation of the delay is that appellant No.2 was under treatment at Gwalior as he was suffering from some mental ailment. It is stated that it was in these circumstances, there was lack of communication between the appellant and their counsel who was conducting the case at Vidisha. The explanation given is reasonable. Therefore, the delay in filing the appeal is condoned.

(2.) THE appeal was heard on merits also. The facts in brief are as under: -

(3.) IN the present appeal, it has been argued that the market value of the property was around Rs. 25, 000/ - and it has been sold for a meagre amount of Rs. 2,500/ -. This should be looked at with suspicion. It is accordingly suggested that the findings recorded by the Courts below should be reversed. It is also suggested that as only a sum of Rs. 1, 500/ - was paid in the presence of the registration officer the transaction is to be looked at with suspicion. Another argument raised is that the burden of proof with regard to due execution of the sale -deed was wrongly placed on the appellant. I have gone through the file and the evidence which has been made available by the learned counsel appearing for both the parties. It has come on record that property similarly situated in the same locality was sold by the brother of the appellant to one Iqbal for a sum of Rs. 2,500/ -. The same is the consideration in the present case. As a matter of fact, this factor was taken note by the Courts below to come to the conclusion that the sale was not below the market value.