RAMGOPAL Vs. DEVLAL

JUDGEMENT

(1.) This second appeal has been filed by the defendant No. 1 against the judgment and decree dated 19.11.1998 passed by the District Judge, Datia in Civil Appeal No. 17-A/97, whereby the learned Additional Judge affirmed the judgment and decree of the trial Court by which the suit of the respondent No. 1-plaintiff was decreed.

(2.) A suit for declaration was filed by the respondent No. 1 -plaintiff that he is owner of an area of 0.417 hectare of Survey No. 447 situated at Village Khiriya, Tehsil and District Datia. On 16.6.1989 he mortgaged the said land by executing a document in the form of sale deed (Ex.P. 1). In addition to the sale deed executed on 16.6.1989 an agreement was also entered into between the respondent-plaintiff and appellant-defendant on the same date i.e. 16.6.1989. Simultaneously for execution of deed in favour of the respondent-plaintiff, as per the terms of the agreement (Ex.P.2) the respondent shall repay the amount of Rs. 8,000.00 within a period of three years from the date of execution of Ex.P. 1. As per the terms of the agreement the possession of the property is with the respondent-plaintiff. On 30th Dec., 1991 the respondent repaid the amount of Rs. 8,000.00 along with interest @ 2% per annum as agreed between the parties and total sum of Rs. 11,000.00 was paid to the appellant. The appellant after receiving the said amount executed a receipt vide Ex. P. 4. By the said repayment suit property was redeemed. The possession of the land was with the plaintiff but the respondents were not returning the original sale deed and therefore, the respondent-plaintiff filed the suit to be declared as owner and title holder of the suit property, mortgage loan stands redeemed and appellant has no right over the suit property.

(3.) The appellant filed its written statement denied the averments made in the plaint.