RESHMI Vs. GHUNGARIA

JUDGEMENT

(1.) This is a second appeal by the plaintiff, Mst. Reshmi, whose suit for cancellation of a sale-deed, dated 5-7-1948, and registered the following day, in respect of zamindari and house property for the ostensible consideration of Rs. 1,400/- in favour of the defendant-respondent Ghungaria was decreed by the trial Court, but dismissed on the defendant's appeal by the District Judge of Mahasu and Sirmur. The suit was filed on the ground that the sale had been brought about by the defendant by the exercise of undue influence and fraud.

(2.) The recital in the sale-deed and the Sub-Registrar's endorsement show that out of the said consideration Rs. 400/- went to the discharge of a debt owed by the vendor to the vendee and Rs. 1000/- were paid in cash to the former by the latter at the time of registration. There is a further recital that out of the Rs. 1,000/- paid in cash at registration Rs. 600/-were needed by the vendor in order to repay a debt due by her to one Behari Lal. The plaintiff's allegation was that she owed no debt to the vendee or to Behari Lal, and that the said sum of Rs. 1,000/- was taken back by the vendee from her outside the registration office.

(3.) Mutation on foot of the sale-deed was attested by the Naib-Tehsildar on 4-8- 1948, but with regard to that the appellant denied having made any statement which she is shown as having made before the Naib-Tehsildar regarding the execution and consideration of the sale-deed and delivery of possession of the property sold.