BALU Vs. RAMLAL

JUDGEMENT

(1.) - The Plaintiff/appellant has filed the present First Appeal being aggrieved by judgment and decree dated 23.07.1999 passed by the 3rd Additional District Judge, Mandsaur, by which, Civil Suit No. 16-A/1997 has been dismissed. Facts of the case, in short are as under:

(2.) The plaintiff has filed a suit for declaration and permanent injunction against the defendant. As per the pleadings in the plaint, the plaintiff is permanent resident of Bharkhedha Dangi, Tehsil - Malhargarh, District Mandsour and defendant is resident of Hathi Boliya, Tehsil-Malhargarh, District-Mandsaur.

(3.) According to the plaintiff, the defendant has committed forgery with him and got the sale deed dated 17.06.1997 executed in his name in respect of Survey No.1040 (Area 930 aare) of Gram Barkhedha Dangi. The defendant has helped the plaintiff in getting him married with Kamla Bai W/o Ratanlal by way of Natra with a condition that the plaintiff shall execute a sale deed of 4 Bigha land in favour of Kamla Bai. The plaintiff and the defendant went to the office of Registrar and signed certain papers and instead of getting the sale deed executed in the name of Kamla Bai, he got sale deed executed in his name and thereafter, he filed an application for mutation before Tehsildar Malhargarh then the plaintiff came to know about this fact. He immediately contacted the defendant and the defendant demanded Rs. 30,000/- for return of sale deed. According to the plaintiff, in presence of Kamla Bai and two other witnesses he gave Rs. 30,000/- to defendant but despite that, the sale deed has not been cancelled by him, therefore, he filed a suit for declaration and permanent injunction that the sale deed be declared that the same has been obtained by fraud.