KHATEEZA AND ORS. Vs. ISLAM

JUDGEMENT

(1.) THIS is the plaintiff's Regular Second Appeal under the provisions of Section 100 of the Code of Civil Procedure. Plaintiff's Civil Suit No. 78/1 of 1998, titled as Kalu Khan through LRs Versus Shri Islam, stands decreed by learned Sub Judge, 1st Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P., in terms of judgment and decree dated 19.08.2002. Aggrieved thereof, defendant filed an appeal which stands allowed in terms of judgment and decree dated 22.12.2003, passed by learned District Judge, Sirmaur District at Nahan, H.P., in Civil Appeal No. 62 -CA/13 of 2002, titled as Sh. Islam Versus Smt. Kateeza & others.

(2.) THE challenge is laid to the sale deed dated 12.06.1998 (Ex. DW.1/A), allegedly executed by plaintiff Kalu Khan (hereinafter referred to as the plaintiff) in favour of defendant Islam (hereinafter referred to as the defendant). In terms of the said sale deed, 1 -17 bighas of land stands sold in favour of the defendant.

(3.) ON the other hand, defendant pleads the transaction to be bonafide for a valid consideration of Rs. 40,000/ -.