MATHURA KURMI Vs. JAGDEO SINGH

JUDGEMENT

(1.) On the 22nd of May, 1915 Babu Jagdeo Singh, who is one of the plaintiffs in this suit, executed a sale-deed marked Ex. A which is printed at p. 51 of our record. By this deed he purported to sell absolutely to the defendant Mathura Kurmi a 6 anna 3 pies share situated in village in the Basti district named Mundila Khurd. It was recited in the deed that the executant had received the entire amount of consideration from the vendee according to the details set out at the bottom of the deed, and it was declared by the executant that from the date of the execution of the deed the vendee was to take possession and to enjoy the income of the property generation after generation. The deed was declared to be a deed of absolute sale.

(2.) The sum of Rs. 15,000 is mentioned in the document as being the consideration for the sale. This sum, with the exception of an item of Rs. 242-4-0, consists of various items constituting debts which were owing by Jagdeo Singh to Mathura Kurmi and to others.

(3.) On the same date Babu Jagdeo Singh executed what is described as, a deed of relinquishment (see page 55 of the record). By this document he purported to relinquish all his rights to the sir and khudkasht lands included in the 6 anna 3 pies share which had been sold to Mathura Kurmi under the deed just mentioned.