2021 (12) TMI 1548

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.... registered sale-deed dated 25.03.1982. The sale-deed was sought to be cancelled on the ground that the original plaintiff, Ramgaj, never executed the sale-deed in favour of Dev Narayan, the defendant. It was pleaded as a ground for cancellation inter alia that the suit property bearing Gata no.2193 ad measuring 1.34 hectares, situate at Mauja Roodragarh, Nausi, was the sole source of income available to the plaintiff and he has no reason to part with it. It was also pleaded that the plaintiff is an issueless and unmarried man who had no necessity to execute the sale-deed. It was pleaded that the plaintiff at the time of execution of the sale-deed was not more than 50 years, and, there was no reason to part with his agricultural land and be....

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....the following issues (rendered into English from Hindi Vernacular): (i) Whether the impugned sale-deed is liable to be cancelled on the grounds pleaded in paragraph No.8 of the plaint? (ii) Whether the suit is undervalued and the court pay fee paid insufficient? (iii) Whether the suit is bad for non-joinder of necessary parties? (iv) Whether the suit is beyond the jurisdiction of the court as pleaded in paragraphs 26 and 29 of the written statement? (v) Whether the suit is barred by time? (vi) Whether the suit is not maintainable in view of the pleadings in paragraph 25 of the written statement? (vii) To what relief is the plaintiff entitled? 5. The plaintiff examined four wi....

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....tion of a registered document by the person who purports to execute it. It is the plaintiff who has come up with a case of fraud by impostoring. It was the plaintiff's burden to prove by evidence of the most unimpeachable character, that in fact it was an impostor, who executed the impugned sale-deed cheating the plaintiff through impersonation. 9. Contrary to this, both the Courts below have evaluated the evidence led by both parties and found, on a consideration of the evidence of the two witnesses of the sale-deed, that it was duly executed after passage of the agreed sale consideration of Rs.10,000/- in cash from the vendor to the vendee. 10. It is pointed by the learned counsel for the defendant respondent that the original p....