KAILASH CHAND JAIN Vs. UDAY LAL SAHU

JUDGEMENT

(1.) During the course of arguments, it transpired that there are two sale deeds involved in the present case Exhibits A and A/1. Exhibit A was in favour of Asarfi Lal Sao, Exhibit A/1 was in favour of Chandra Kanta Devi, both were husband and wife and the consideration amount was Rs.20,000.00 and Rs.25,000.00 respectively.

(2.) The last payment of Rs.5,000.00 in connection with Exhibit A/1 by Chandra Kanta Devi was made on 14/9/1981 which was after the filing of the written statement in this case on 7/9/1981 and the concerned document is Exhibit B/4 relating to the last payment Rs.5,000.00.

(3.) So far as Exhibit A is concerned, the last payment of Rs.5,000.00 is dtd. 7/4/1981 and the concerned document is Exhibit B/1 and this payment was made prior to filing of the written statement in this case. However, there is also a written statement of the vendor placed on record in connection with the previous suit i.e. Exhibit 14 which was filed on 19/7/1980 in Title Suit No.69 of 1980 in which all the parties in the present case were also parties and the suit was relating to injunction. It has been submitted that the exhibit 14 reveals that it was disclosed by the vendor about the previous agreement.