MUNNIBAI GOPAL PRASAD Vs. BARELAL LODHI

JUDGEMENT

(1.) PRESENT appellants are heirs of original plaintiff Gopal prasad, who died during the pendency of the suit. A suit for declaration of ownership of the suit land was filed by plaintiff with a further relief of injunction restraining the defendants from interfering with his possession and also from cutting grass.

(2.) IN brief the suit of plaintiff is that plaintiff is Bhumiswami of the disputed property. He bought the suit property from defendants by registered sale deed dated 16-10-1970 for a consideration of Rs. 1,000/ -. After the purchase of the suit property, plaintiff is possessing the same. The name of plaintiff and his possession is recorded in the revenue record by virtue of said sale deed dated 16-10-1970. The defendants on false assertion of fact that they have not sold the land to the plaintiff are threatening to dispossess him from the suit land. By amendment the plaintiff pleaded that at the request of defendants he did confer rights of re-conveyance and leased out the suit property for the year 1970-71 to them on 16-10-1971. But, no sooner defendants expressed their inability to cultivate the land, plaintiff started cultivation on the suit land. The plaintiff further pleaded that no right has been conferred to the defendants in the subsequent years. The signature of plaintiff on that part of re-conveyance deed dated 16-10-1971 in which it has been mentioned that the suit property is leased out for subsequent years, is forged and hence denied. The defendants in order to take advantage of the provisions of M. P. Land Revenue Code has created this forged note on the document of agreement. This document ought to have been registered and should have been properly stamped and in absence, it needs to be impounded.

(3.) THE defendants filed their written statement refuting the averments made in the plaint. According to defendants they are Bhumiswamis of the disputed property. Indeed, plaintiff gave loan of Rs. 1,000/- to the defendants. The defendants were in need of money as a result of which they requested plaintiff to give loan which he agreed to give and gave loan of Rs. 1,000/- to the defendants on the condition that they are required to execute a sale-deed, as security of the loan. The interest at the rate of Rs. 3/- per month was settled between the parties. The plaintiff assured defendants that the sale-deed which shall be executed will never be acted upon and there shall be no conveyance by the said sale-deed. In this manner plaintiff gave Rs. 1,000/- towards loan, out of which Rs. 100/- were incurred in the stamp charges and registration fees etc. In this manner the registered document was executed on 16-10-1970. The price of the suit land was not less than Rs. 10,000/- in the year 1970.