KUMARI KANWAL KANTA Vs. ABHIMANYA ANSAL

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court whereby the suit filed by the plaintiff has been decreed.

(2.) PLAINTIFF filed a suit for declaration that sale deed executed on 8.5.1971 and registered on 10.5.1972 in favour of defendant No. 1 was void, without consideration and sham and the plaintiff is owner in possession of the suit land with a consequential relief in the form of permanent injunction restraining the defendants from interfering with the possession of the suit land or from transferring the same in any manner. The basis of the suit of the plaintiff is that he was minor at the time of sale and so the sale deed executed by him was void and sham transaction and also without consideration and so no title pass to the defendants.

(3.) DEFENDANT No. 3 in separate written statement almost admitted the averments made by the plaintiff in the plaint. According to defendant No. 3 even the amount which was paid before the Sub Registrar was infact given by Shri Tek Chand Ansal, father of the plaintiff, to him outside the office of the Sub Registrar. This way, he supported the stand of the plaintiff.