RADU Vs. JHITRA

JUDGEMENT

(1.) This petition is filed by the defendant being aggrieved by the order dated 11.5.2016 by which his objection taken during evidence of plaintiff has been rejected.

(2.) Respondents No.1 & 2/plaintiffs filed a suit for declaration & possession in respect of agricultural land on various survey numbers. The suit was filed on the ground that plaintiff has mortgaged the suit land with the defendants as security for taking loan of Rs.65,000/- and after repayment of loan in the month of February, 2004 the defendants are not handing over possession of the suit land back to them.

(3.) After notice defendants/petitioners appeared before the trial Court and filed the written statement stating that the plaintiffs have agreed to sell the suit land for a total consideration of Rs.90,000/- and part payment was made, agreement to sell was executed in their favour and the possession was handed over. The transaction of loan and mortgage between the plaintiff and the defendant were specifically denied. By way of counter claim defendants sought the relief of specific performance.