CHET SINGH Vs. BACHITTAR SINGH

JUDGEMENT

(1.) This second appeal by the defendants has been filed against the judgment and decree of the learned Additional District Judge, Ferozepore, dated April 2, 1964, whereby the decree of the trial Court was reversed and the suit of the plaintiff decreed.

(2.) The plaintiff-respondent Nachhittar Singh filed a suit for possession of 192 Kanals 14 Marlas of land situate in village Lohm, Tehsil Ferozepur, with the allegation that Chet Singh appellant had executed a registered lease deed dated July 23, 1959 in his favour in respect of his one-half share in the land measuring 496 Kanals 17 Marlas; that the lease was for a fixed period of 10 years which was to start from June 15, 1960, that rent payable was Rs. 1000/- per annum and that the rent for the first year had been paid at the time of the execution of the deed, but the appellant had failed to deliver possession of the land.

(3.) The suit was contested by the appellant alone though his other co-sharers were also made defendants. It was pleaded by him that he had leased out the land to the plaintiff for one year for an amount of Rs. 800/- and denied the allegations that the lease had been granted for a period of 10 years for an annual rent of Rs. 1000/-. It was further pleaded by the defendant that the alleged deed had been brought about by fraud and undue influence and the same was also unenforceable, being an unconscionable transaction. On the pleadings of the parties, following issues were framed :-