MAYADEVI Vs. SOHANLAL
LAWS(MPH)-2018-11-129
HIGH COURT OF MADHYA PRADESH (FROM: GWALIOR)
Decided on November 22,2018

MAYADEVI Appellant
VERSUS
SOHANLAL Respondents

JUDGEMENT

VIVEK RUSIA,J. - (1.)Petitioners/Plaintiffs have filed the present petition being aggrieved by order dated 5.9.2018 by which application under Order 7 Rule 14 of C.P.C. and application u/s. 45 and 73 of Indian Evidence Act have been rejected by the trial Court.
(2.)The plaintiffs have filed the suit for specific performance of contract of agreement to sale dated 10.5.1989. Plaintiffs No.1 and 2 are husband and wife and plaintiff No.2 and defendant No.1 are nephew and uncle. According to the plaintiffs, partition between plaintiff No.2, defendant No.1 and other co-owners of the joint Hindu Family property has not been taken place. Defendant No.1 agreed to sale his half share in Survey No.119 (new No.178) to the plaintiffs as he was in need of money. He sold Southern portion of land bearing Survey No.178 in total consideration of Rs.9,500/- to the plaintiffs on 10.5.1989 and agreement to that effect was executed on stamp papers in presence of witnesses. Plaintiffs were also put into the possession and since then they are in possession of the said land. It has been stated that since last 2-3 years there was sudden rise in the market price of agricultural land and due which the defendant No.1 has changed his mind and now, he is not willing to execute the sale-deed in favour of the plaintiffs. Plaintiffs served the legal notice and thereafter, filed the suit on 17.6.2011 against defendant No.1.
(3.)After issuance of summons, defendant No.1 filed the written statement by admitting the execution of the agreement to sale dated 10.5.1989, but submitted that the agreement to sale was executed by way of security as he took the loan of Rs.9,500/- from the plaintiffs. Later on, he had repaid the entire amount and the plaintiff No.1 had executed a receipt in his favour. Defendant No.1 has also filed the counter claim seeking relief of possession of land bearing Survey No.119 area 1.421 Hect. from the plaintiffs and also sought the relief of permanent injunction.


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