CHATRA RAM Vs. JALAM SINGH

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit filed by the respondent Jalam Singh ( who has also been mentioned at certain places as Jal Singh ) alleging that the appellant Chatram managed to get a sale deed in respect of agricultural land Khasra No. 35 and 42 situated in village Bhamasi executed in his favour for a consideration of Rs. 500 only by practising fraud and misrepresent-tion on the plaintiff to the effect that sale deed was in fact being written in favour of the Mukhiyas of village Bhamasi for providing pasture land for the village as a whole. It was, therefore, prayed that the sale deed dated 10-9-1962 marked Ex. 1 be cancelled and a perpetual injunction be issued against the defendant not to interfere with the plaintiff's possession over the agricultural land in dispute. The defendant denied the plaintiff's suit.

(2.) AFTER recording the evidence produced by parties the learned Munsiff, Deedwana while holding that the plaintiff had failed to establish the fraud and misre-presentation set up by him was yet entitled to get a decree for cancellation of the sale deed on the ground that the same had been illegally registered in violation of the provisions of Sections 34-55-58 and 59 of the Indian Registration Act, 1938. Aggrieved by the judgment and decree by the trial court the defendant filed appeal in the Court of District Judge, Merta but was unsuccessful. Consequently, he has come in second appeal to this Court.