RANJEET SINGH Vs. GRAM PANCHAYAT GAHLOTA AND ORS

JUDGEMENT

(1.) Having failed both before the trial court and the first appellate court in his suit for cancellation of sale-deed dated 31.08.1968, the plaintiff-appellant (hereinafter 'the plaintiff') has filed this second appeal under Section 100 CPC.

(2.) Heard. Perused the judgment and decreed dated 06.11.2003, passed by the trial court as upheld by the first appellate court under its judgment and decree dated 01.03.2011. Considered.

(3.) The case of the plaintiff is that a registered sale-deed dated 31.08.1968 executed by his father one Chitar in respect of land situated in khasra No.1019 admeasuring 1 bigha 14 biswa, khasra No.1018/1917 admeasuring 11 biswa aggregating to 2 bigha 5 biswa was vitiated on a ground of fraud and misrepresentation by the erstwhile Sarpanch of Gram Panchayat Gahlota (vendee), Panchayat Samiti Dudu, District Jaipur. It was alleged that Chitar had only intended to execute a lease-deed, but was misled into executing the sale-deed aforesaid which was duly registered before the Sub-Registrar, Dudu. It was submitted that the transaction on the face of the registered deed being a sale notwithstanding it was a lease-deed. The plaintiff agitated multiple grounds to have the sale-deed dated 31.08.1968 cancelled inter alia stating that the factum of inadequate consideration of Rs.1,850/- vitiated it, the continued possession at all times of Chitar and his legal heirs over the land purportedly sold under the sale-deed, the subsisting revenue entries in the names of Chitar and his sons and also the electricity connection in their names all were pointers and indicative of the transaction not being sale, but a lease. It was further submitted that the limitations in the sale-deed on future sale/s imposed upon the vendee as also the condition of the use of the land transferred under the purported sale established that the transaction under registered deed dated 31.08.1968 was not a sale. On notice, a written statement of denial was filed by the Gram Panchayat Gahlota. It was stated that the registered sale-deed dated 31.08.1968 was duly executed by the recorded khatedar Chitar in the presence of two witnesses and also registered before the Sub-Registrar, Dudu. The Sub-Registrar, Dudu had read out the contents of the sale-deed to the vender Chitar and only on his understanding and approval registered it. At the relevant time, the agreed consideration of Rs.1,850/- had passed from the vender to the vendee and was the price mutually agreed. It was submitted that Gram Panchayat Gahlota, was in possession of the disputed land admeasuring 2 Bigha 5 Biswa which was being used for running a public school and a well therein used for drinking water purpose both of the villagers and their cattle. It was further stated that laying of a suit for cancellation of the registered sale-deed dated 31.08.1968 in the year 1992 was palpably beyond limitation and the suit was deserving a dismissal on this count alone. It was denied that at any time on 11.09.1991 or otherwise as claimed by the plaintiff, notices to vacate the land purchased under the registered sale-deed dated 31.08.1968 had been issued by the Gram Panchayat Gahlota to the plaintiff occasioning a cause of action arising thereupon for laying of the suit for cancellation of the sale-deed in February, 1992. It was further submitted that even otherwise the suit against the Gram Panchayat was not maintainable in view of Section 79(2)(a) of the Rajasthan Panchayat Act, 1953 (hereinafter 'the Act of 1953') in view of the fact that mandatory two months prior notice to the Gram Panchayat before laying of a suit against it was not admittedly issued.