KALURAM Vs. GAJASA

JUDGEMENT

(1.) THE plaintiff sues to recover certain fields sold to him by the defendants by a sale deed dated 27th July 1923. Execution was not denied, but it was pleaded that on the same day it was agreed between the parties that on defendant's repaying the amount advanced with interest to the plaintiff, the plaintiff would execute a reconveyance of the property mentioned in the sale-deed. A chitthi dated 27th July 1923 has been filed by the defendants. It was further contended that the value of the property sold by the sale-deed is more than the price paid for it, and that the sale-deed was executed under undue influence, the defendants being allowed to remain in possession of the property. The plaintiff on his side alleged that possession of the property was delivered to him and that the defendants took the land back afterwards.

(2.) THE case was tried on the following issues:

(3.) THE chitthi is rather an extraordinary document. It is not in favour of the defendants. It is said to be written by the plaintiff, but the plaintiff himself states that it is a forgery. The translation of it runs: Salutations to Amirsa son of Jamnsa Fakir Mussalman of Mundi from Gajasa .son of Bhikasa Mahajan Khadata of Mundi. Further : as regards the writing that I have got executed by Bhai Kaluram, Deolal (and) Dashrath, sons of Onkar Mahajan Khadata of Mundi, and got registered, you are the madhyasta (mediator) in the matter. And the land that was put to auction by Kunjilalsa, Motilalsa, Motisa of Mundi and Chunilal, son of Kesosa, was purchased by me. The amount in that connexion was deposited by them; and the dealings between themselves and myself take place, adjuring by Unkarnath. The amount of the bond of Rs. 200 is, however, due to me and I shall recover it duly. I shall return all the papers on the very day on which you will ask for them. You will not be affected in any way by your being a mediator. These papers are all worth having used for packets. I have no oonoern with them : they may leave bread for their children. Mitti Shrawan Badi 2 Sambat 1980, corresponding to 27th July 1923. Signature, Gajasa (self), by the pen of self. The mortgage-dead is dated 27th July 1923 by the pen of self, Gajasa, Mundi.