MD. ALLAUDDIN Vs. MD. VASEERUDDIN

JUDGEMENT

(1.) THE plaintiff has filed this Second Appeal against the judgment and decree dated 11.08.2008 passed by the Additional District Judge -cum -Fast Track Court No. 5, Madhepura in Title Appeal No. 21 of 2005/04 of 2006 whereby the lower appellate court dismissed the appeal and thereby confirmed the trial court judgment and decree dated 02.07.2005 passed by the learned Additional Munsif, Madhepura in Title Suit No. 74 of 1994. The plaintiff -appellant filed the aforesaid suit for declaration that the sale deed dated 26.09.1988 executed by the defendant be declared as absolute sale and further for declaration of title on the suit property measuring 1 bigha 18 dhurs.

(2.) THE plaintiff claimed the aforesaid relief alleging that in fact there was a negotiation for sale of the suit property between the plaintiff and the defendant and the consideration was fixed for Rs. 9,500.00. After receiving the consideration amount the defendant executed registered sale deed on 26.09.1988 in favour of the plaintiff and gave possession of the property to the plaintiff. Subsequently the defendant tried to dispossess the plaintiff from the suit property and looted the crops, therefore, the plaintiff filed a complaint case and the plaintiff heard that instead of executing sale deed, a conditional sale deed has been executed by the defendant. He thereafter got the certified copy of the deed and came to know that in collusion with the witnesses and deed writer a subsequent paragraph was added in the agreement. The plaintiff alternatively claimed that a decree for foreclosure may be passed.

(3.) THE trial court as well as the appellate court both concurrently found that the deed in question i.e. Ext. 3 is a mortgage by conditional sale and accordingly the plaintiffs suit was dismissed.