CHHOTERAM Vs. KUNJBIHARILAL

JUDGEMENT

(1.) PLAINTIFF No.2 having lost the suit in both the Courts below has filed the present second appeal.

(2.) THE appeal was admitted on the following substantial question of Law:

(3.) ON 2 -11 -1971, the defendants filed a joint written statement opposing the suit. In special pleadings, they submitted that on 25 -12 -1959, both the plaintiffs came to the shop of defendant No.1 and offered to sell the suit land. On that offer, the defendant No.1 entered into an oral agreement to purchase the suit land on consideration of Rs.1500/ -. The plaintiffs delivered possession of the land without the standing crop. The parties agreed that after harvest the plaintiffs will give half the yield, and actually gave one quintal of the wheat in Baisakh. On 26 -12 -1969, the plaintiffs came along with defendant No.3 Chand khan as their witness and after receipt of Rs.1500/ - which was also admitted before Sub -Registrar, executed the sale -deed. On 1 -8 -74, it was pleaded in alternative that the plaintiff No.2 introduced one person who was personally not known to him, that he was Narbada Prasad. Said Narbada Prasad, put his thumb impression on the sale -deed. If for any reason, the Court comes to the conclusion that plaintiff No.1 did not affix his thumb impression on the deed, the sale -deed to the extent of half of the suit land alone be declared invalid on condition 'that they refund Rs.750/ - i.e. half of the consideration.