VENI RAM Vs. KANHAIYALAL

JUDGEMENT

(1.) This civil second appeal has been preferred by appellant-plaintiff Veni Ram against respondent-defendant Kanhaiyalal being aggrieved by the judgment and decree dated 29.09.2011 passed by learned Additional District Judge, Nimbaheda in Civil Appeal Decree No.4/2007 affirming the judgment and decree dated 08.01.2007 passed by learned Civil Judge (Junior Division), Dungala, District Chittorgarh in Civil Original Suit No.3/2005, whereby the suit filed by the appellant-plaintiff was dismissed.

(2.) The brief facts of the case are that the appellantplaintiff filed a suit before the learned trial court stating inter alia that the respondent-defendant purchased a plot measuring 15' x 5' at village Dungala from the father of the appellant-plaintiff vide registered sale deed of the year 1985, however, the consideration was not passed to the father of the appellant at the time of the registration being an amount of Rs.3000/-. On being asked the defendant submitted that he would pay the amount after the sale deed is executed, but nothing was done and thus, it was submitted that since the document is registered without passing the consideration, the same may be declared void and be cancelled. It was further stated that the appellant-plaintiff is in possession of the plot in question.

(3.) The defendant-respondent filed written statement claiming that not only the registered sale deed was properly executed, but the amount was also paid even prior to the execution of the sale deed and that the father of the appellant-plaintiff during his lifetime never complained that amount was not paid. It was also stated that the sale deed was executed on 02.12.1985, whereas the suit was filed on 05.01.2005, which is hopelessly time barred.