DEVINDER KAUR Vs. BIMLA DEVI

JUDGEMENT

(1.) Defendant Smt.Davinder Kaur having concurrently lost before the two Courts below has approached this Court through the present Regular Second Appeal.

(2.) The plaintiff Bimla Devi had filed a suit for cancellation of the registered sale deed dated October 20,1993 executed by her in favour of the defendants Smt.Devinder Kaur wife of Tarlochan Singh and Tarlochan Singh himself. Additionally, a relief for possession of the house in question was sought. In the alternative, the plaintiff claimed recovery of Rs.1,85,000/- alongwith interest. It was pleaded by the plaintiff that the sale deed in question had been executed before the Sub Registrar and payment of Rs.1,85,000/- was made through a demand draft. However, on account of relationship between the parties, the defendants after coming out of the office of Sub Register took back the aforesaid demand draft with a promise to pay sale consideration within a week. The sale consideration was not paid. In these circumstances, the plaintiff filed a suit.

(3.) The defendants contested the suit and took a stand that it was the plaintiff who had asked the defendants that since the encashment of the draft would take long time, therefore, she be paid cash. In these circumstances, the demand draft was returned by the plaintiff and consequently the amount of sale consideration was paid in cash.