BAHADUR SINGH Vs. BUDHA

JUDGEMENT

(1.) This is a defendant's appeal against the appellate judgment and decree of the learned District Judge, Alwar in a suit for declaration regarding certain agricultural property. The plaintiff brought the suit on the ground that the agricultural plot No. 362 measuring 3 bighas and 10 biswas had been sold to him by Prabhu Singh defendant respondent for a sum of Rs. 1,000.00 by a registered sale deed dated the 29th of May, 1944 and possession thereof' had been delivered to him. In accordance with section 34 of the Alwar Land Revenue Code (hereinafter to be referred to as the Alwar Revenue Code), the mutation was entered at No. 508 by the Patwari on the 16th of June, 1944. Subsequently, it was affirmed by the Naib Tehsildar, Behror on the 25th of March, 1945. An appeal was preferred by Budha Singh in the court of the Collector, but it was dismissed. Budha Singh then submitted an application in revision to the Revenue Minister, Alwar State who set aside the mutation on 28th Sept., 1945 and the decision of the Revenue Minister was upheld by the Executive Council of Alwar.

(2.) The present suit was filed in the court of Munsif, Behror on the 8th of July, 1948 and it has been prayed that it be declared that the sale in question should be held as valid holding that the orders of the Revenue Minister and the Executive Council are void.

(3.) Prabhu Singh defendant No. 1 admitted the plaintiff's claim but the defendant No. 2 Budha Singh contested the suit. He pleaded that the sale was affected without obtaining his consent and that the full consideration of Rs. 1,000.00 was not paid to the vendor but only a sum of Rs. 300.00 was paid. He admitted that the registered sale-deed had been executed in favour of the plaintiff and also that possession had been delivered to the plaintiff.