LAWS(P&H)-2015-11-308

GAJE SINGH Vs. S L MALU AND ANOTHER

Decided On November 17, 2015
GAJE SINGH Appellant
V/S
S L Malu And Another Respondents

JUDGEMENT

(1.) Plaintiff is in second appeal against concurrent judgments and decrees passed by the Courts below in a suit for declaration and permanent injunction.

(2.) Plaintiff alleged that he is a co-owner in possession of agricultural land hereinafter referred as suit land. He entered into an oral agreement to sell for a total consideration of Rs.47,00,000/- Defendant paid an amount of Rs.12,00,000/- and further issued cheque dated 23.04.2000 for remaining sum of Rs.34,50,000/-. Plaintiff further alleged that balance sale consideration was not received as the cheque presented was dishonoured. A criminal complaint under Section 138 of Negotiable Instruments Act is statedly pending. Plaintiff further alleged that defendants in collusion with each other fabricated GPA No.44 dated 10.06.1999 which has been claimed to be null and void in the suit. On the basis of said GPA defendants got executed a sale deed dated 27.03.2000. Plaintiff claimed that the said sale deed is also null and void as the defendants never paid the sale consideration. The suit came to be filed on 29.09.2004.

(3.) The suit has been contested by the defendants on all customary pleas. Defendants claimed that the land in question was sold at the rate of Rs.2,90,000/- per acre. An amount of Rs.50,000/- was received vide cheque No.756641, an amount of Rs.5,00,000/- was received vide cheque No.52465, an amount of Rs.2,50,000/- was received vide cheque No.52487 and an amount of Rs.7,50,000/- was received vide cheque No.21649. Sh. S.L. Mallu was appointed as General Power of Attorney by the plaintiff who sold the property in question vide registered sale deed dated 27.03.2000. Possession was also delivered to the vendee on the spot. The assertions of the plaintiff were denied in the context of sale consideration to the tune of Rs.47,00,000/-, rather the land in question was sold by the plaintiff at the rate of Rs.2,90,000/- per acre and entire sale consideration stood paid to the plaintiff.