KANWAR SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) KANWAR Singh (now deceased through his legal representatives) has filed the instant Regular Second Appeal against the order dated 12.12.1981 passed by the Additional District Judge, Sangrur, vide which the appeal filed by him against the judgment and decree dated 31.7.1980 passed by the learned trial court, was dismissed on the basis of his statement that he did not want to pursue his appeal.

(2.) THE appellant filed a suit for declaration against the respondents challenging the validity of the registered sale deed dated 2.7.1973 executed by him in favour of the respondents for a consideration of Rs. 24,000/- on the ground that the same was got executed by the respondents by playing fraud and mis-representation upon him and to declare him as owner of the land in question. The respondents contested the aforesaid suit. It was pleaded by them that the appellant executed the aforesaid sale deed with his own free will and consent after receiving the balance amount of Rs. 17,200/- before the Sub Registrar. The registered sale deed was signed by the Sub Registrar after the appellant was made to understand its contents. Thereafter, the appellant appended his signatures in Gurmukhi script after admitting correctness of the sale deed. Since the land was under mortgage, the mortgagee Joginder Singh filed a suit against the appellant. In that suit, the appellant made a statement that the registered sale deed was executed by him with his own free will while he was in sound mind. The appellant has also acknowledged the sanctioning of mutation in favour of the respondents.

(3.) AGAINST the aforesaid judgment and decree passed by the trial court, the appellant filed an appeal before Additional District Judge, Sangrur on 1.9.1980. During the pendency of the said appeal, on 12.12.1981, the appellant made a statement before the Additional District Judge, Sangrur that he did not want to pursue his appeal and the same be dismissed. The said statement was recorded by the Court. It was duly read over to the appellant and he thumb marked the same after accepting to be correct. On the basis of the said statement, the appeal filed by the appellant was dismissed. Against that order, passed by the learned first appellate court, the appellant has filed the instant appeal.