HARIHAR PRASAD Vs. PREM CHANDRA PRASAD

JUDGEMENT

(1.) THE defendant has filed this appeal against the Judgment and Decree dated 17.07.1990 passed in Title Suit No. 108 of 1984 by the Sub Judge -II, Saran, Chapra, declaring the two sale deeds, Exts.A and A/1 illegal, null and void with a direction to put the plaintiff in possession over the suit land.

(2.) THE plaintiff/respondent filed the aforesaid title suit for declaring the two sale deeds alleged to have been executed by the plaintiff in favour of the defendant forged, fabricated, null and void and not binding upon the plaintiff and also for delivery of the possession of the suit land in favour of the plaintiff alongwith the arrears of rent.

(3.) THE defendant -appellant appeared in the suit and filed his written statement raising several usual defence to the effect that the suit is barred by law of limitation, principle of estoppels, acquiescence and waiver. The case of the defendant is that the plaintiff and his brothers never fell in the company of evil elements nor was there any occasion for any one to make them addicts to any intoxication. The defendant is a businessman and is living a posh life and he never prevailed upon the plaintiff or his brother Mahasay Prasad to execute any sale deed. Prabhunath Prasad, the father of the plaintiff, died in the year 1970 and the family continued to remain joint for some time but later on due to difference and rancor amongst the members of the family, there was a disruption in the status of the family and that joint tenancy was converted into a tenancy in common. The plaintiff executed the sale deed dated 07.01.1975 in favour of Ram Piyari Devi, wife of Baliram Prasad which resulted into a sharp reaction and bitterness amongst the members of the plaintiffs family. Due to tense and bitterness prevailing in the plaintiff's family the plaintiff being pressed with his own need entered into negotiation for sale of suit land in value of Rs. 18000/ - and purchased stamp from Saran Treasury on 21.02.1975 and kept the same with him. In the meantime, Mahasay Prasad, the brother of the plaintiff, executed the registered sale deed dated 09.04.1975 of R.S. Plot No. 6803 and 6810 with 7035 over which house is situated in favour of two wives of the answering defendant for consideration of Rs. 50000/ - and put the defendant in possession. The said sale deed was also confirmed by the plaintiff by executing the deed of Ekrarnama on 15.04.1975. Due to rancor and disruption in the family of the plaintiff and making claim by one brother or the other over each and every item of the property in spite of purchase of stamp by the plaintiff, the defendant felt difficulty to finalize the deal of the suit land. In the meantime, Rukmina Devi, the sister of the plaintiff, filed Partition Suit No. 102 of 1975 on 28.07.1975 regarding partition of her share in the entire family property impleading all the family members and the purchaser including the defendant and his two wives. While the Partition Suit No. 102 of 1975 was decreed in favour of Rukmina Devi on 24.05.1980 but the sale deed dated 09.04.1975 executed by Mahasay Prasad in favour of defendant and the sale deed of other purchaser were declared valid. Thereafter, negotiation for sale was finalized with the plaintiff on 22.06.1980 for which stamp was already purchased by him. The plaintiff took a sum of Rs. 5100/ - by executing the hand -note dated 22.06.1980 to the defendant. Thereafter, plaintiff executed the two sale deeds for a consideration of Rs. 9000/ - each on 29.06.1980. Both the sale deeds were scribed by Diwarkar Prasad, a Professional Deed Writer, on supplying the details of the property by the plaintiff. The execution of the sale deeds stood completed and concluded near about 11 A.M. in the day. The witnesses Suraj singh and Ram Ayodhya Singh, both resident of village -Mashrak and one Ramagaya Singh of village -usuri, attested the both deeds at the instance of the plaintiff. Both the sale deeds could not be presented for registration due to Sunday and not due to late in execution of two sale deeds and both sale deeds were handed over to the defendant by the plaintiff. The consideration amount of Rs. 5100/ -, which was taken by the plaintiff earlier, was set off in one of the deeds while the balance amounts forming consideration money of the two deeds were taken by the plaintiff before putting his signature on the two sale deeds. The purpose for execution of two sale deeds by the plaintiff was to construct a new residential house and to invest a portion in the trade and business. After execution of the two sale deeds, the defendant was put in possession of the house property as detailed in the sale deeds. The plaintiff fell in hands of his brothers besides some of the enemies of the defendant including Bishwanath Prasad, one of the brothers of the defendant, and conspired to defeat the defendant's title over the property detailed in two sale deeds. Therefore, the defendant had no course open except to institute a proceeding under Section 36 read with Section 73 of the Indian Registration Act and file two separate petitions for registration of two sale deeds before the Sub Registrar, Mashrak, on 10.07.1980. While summon was issued and served upon the plaintiff but the plaintiff did not appear before the Sub Registrar, due to that reason, Sub Registrar refused the registration of both the sale deeds on 02.03.1981. Thereafter, the defendant filed two compulsory Registration Case before the District Sub Registrar bearing No. 6 of 1981 and 7 of 1981 in which plaintiff appeared and filed detail rejoinder on 28.06.1982. After leading the evidence by the parties, the District Sub Registrar passed the order on 07.04.1984 for compulsory registration and, accordingly, the Sub Registrar registered both the sale deed on 12.04.1984. The District Sub Registrar has rightly observed that the plaintiff's controversy and criticism of being late in the day versus Sunday a holiday is of no consequence in the case. The further case of the defendant is that the valuation of the suit land in the year 1975 was not more than Rs. 18000/ -. In fact, the price of the similar land situated in the same locality started rising since the financial year 1981 -82 and the price of the land in question was fixed in June, 1980 as Rs. 18000/ - was quite adequate and proper.