MEHTA (MEHTABI) BAI Vs. SATTU

JUDGEMENT

(1.) Appellant-plaintiff has preferred this first appeal to challenge judgment and decree dtd. 7/4/2018 passed by Additional District Judge No. 1, Bhilwara (for short, 'learned trial Courts-Learned trial Court, by the impugned judgment, dismissed her suit for cancellation of sale-deed dtd. 24/12/2005 and perpetual injunction.

(2.) Succinctly stated, the facts of the case are that appellant-plaintiff laid a suit against first respondent-defendant seeking cancellation of sale-deed dtd. 24/12/2005 and perpetual injunction, inter-alia, on the ground that sale-deed pertaining to residential house constructed on a plot ad-measuring 37.5 ft. X 85 ft. and situated at Ghati Mohalla, Tehsil Hamirgarh, District Bhilwara, was never sold by her to the respondent. As per the appellant, she simply executed a mortgage deed in favour of respondent and in lieu of Rs.20,000.00, which she had borrowed from him. In the plaint, appellant has castigated first respondent for practicing fraud in getting the document executed clandestinely. The appellant has also insinuated respondent that he has taken advantage of her old age and illiteracy in inducing her to execute a document purportedly mortgage deed but in fact got sale-deed executed.

(3.) The suit is contested by respondent-defendant refuting all the allegations contained in the plaint. Besides joining issue with the appellant-plaintiff on merits of the case, respondent has also taken shelter of the law of limitation by urging in written statement that suit is barred by limitation, inasmuch as, the same has been filed nine years after execution of the sale-deed.