INDRASAN KUER Vs. RAM BARAN PANDIT

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree dated 11-7-78 passed by Shri Bindhyeshwar Thakur, Additional District Judge, Motihari, in M.A. No. 27/76 2/78 confirming the judgment and decree dated 29-5-76 passed by Shri Sheo Dayal Prasad, 1st Additional Munsif, Motihari, in M.S. No. 24/30 of 1972-75.

(2.) There was an agreement in between the appellant-defendant and the respondent-plaintiff on 3-10-67 to sell 5 Kathas of Revisional Survey Plot No. 9 of Khata No. 35 of village Mohbat Chapra within the district of East Champaran for Rs. 1,000/-. In pursuance of this agreement a sale-deed was executed and registered on 4-10-67 and the Respondent-plaintiff paid Rs. 1,000/-as consideration amount of the said land to the Appellant-defendant in presence of the Sub-Registrar. On 6-10-67 the plaintiff-respondent came to know that a fraud had been committed by the appellant-defendant in as much as that in place of Survey plot No. 9 Survey Plot No. 120 of the same village was mentioned in the Sale deed, which had been sold to the respondent. Having come to know about this fraud a criminal prosecution was started which ended in acquittal of the appellant. Then the plaintiff-respondent filed the aforesaid Money Suit No. 24/30 of 1972/75 in the Court of Additional Munsif, Motihari.

(3.) In the trial Court both the parties led evidence. The appellant had amongst other points raised the point of limitation also. But the Trial Court gave its findings against the pleadings of the appellant and that the plaintiff succeeded there. Being aggrieved by that judgment of the trial Court, the appellant filed M.A. No. 27/76 2/78 in the Court of the District Judge, Motihari, which was heard by Shri Bindhyeshwar Thakur, Additional District Judge, Motihari, who, by the impugned order upheld the judgment of the Trial Court and negatived the pleadings of the defendant-appellant. Hence, this appeal.