MEHAR CHAND Vs. RAM LAL

JUDGEMENT

(1.) THE appellant is defendant. He has assailed judgement, decree dated 1.8.2001 passed by learned District Judge, Mandi, in Civil Appeal No. 51/1998, reversing the judgement, dated 15.5.1998, passed by learned Sub Judge Ist Class, Jogindernagar, Distt. Mandi in Case No. 181/94.

(2.) THE facts, in brief, are that Churi Devi, the predecessor- in-interest of respondent, had filed suit for declaration and possession alleging that sale deed dated 1.9.1992 executed by her in favour of appellant is null and void, illegal regarding land comprising khata khatauni No. 224/359, measuring 142 square yards six square feet, situate in Mohal Jogindernagar, more specifically described in the plaint. THE prayer for permanent prohibitory injunction was also made.

(3.) THE suit was contested by the appellant by filing written statement, in which preliminary objections of maintainability, cause of action and estoppel were taken. On merits, it has been admitted that Churi Devi was owner in possession of the suit land. It has been denied that appellant had cheated or defrauded Churi Devi. It has been pleaded that Churi Devi had executed the sale deed dated 1.9.1992 voluntarily in favour of the appellant, after receiving Rs. 15000/-, the appellant was put in possession of the suit property. THE sale deed is the outcome of freewill and valid consent of Churi Devi. THE remaining stand of Churi Devi was denied.