JUDGMENT

Ram Prasanna Sharma, J. - This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 30.11.2015 passed by Seventh Additional District Judge, Bilaspur (C.G.) in Civil Suit No. 76-A/2014, wherein the said court dismissed the suit filed by the appellant/plaintiff for declaring sale-deed void executed on 27.05.2005 by P.K. Roy/ Power of Attorney Holder of the appellant in favour of respondent No. 1 for land bearing Survey No. 559/1N and 559/1t, area admeasuring 0.68 acres and for declaring title of the appellant and for delivery of possession of the said land.

2. As per the appellant, on the basis of power of attorney, husband of the appellant executed an agreement to sell the land in question in lieu of Rs. 20 lacs per acre. Eights cheques were issued to the tune of Rs. 5,44,000/- for consideration amount, but the cheques were dishonoured and in consequences, the sale-deed became void ab initio, therefore, the appellant filed a suit before the trial court, but the trial court dismissed the suit contrary to the factual and legal aspect of the matter.

3. Learned counsel for the appellant submits as under:-

(i) The land in question is Survey No. 559/1N and 559/1t area 0.68 acres situated at Village- Khamtarai, Patwari Halka No. 17, Revenue Circle- Bilaspur, Tahsil & District- Bilaspur. The appellant entered into an agreement with the respondents to sell the property, thereafter, the sale-deed was executed on 27.05.2005.

(ii) Cheques were issued in favour of the appellant, but no cheque was honoured by the bank because of insufficient fund.

(iii) The appellant filed a complaint under Section 138 of the Negotiable Instrument Act, 1881 before the trial court and after trial, the respondent was sentenced to undergo R.I. for one year and to pay fine of Rs. 5,44,000/-, but no amount was recovered from the respondent.

(iv) Consideration of the sale is not paid, therefore, the sale-deed is without consideration and it should be declared void.

(v) The suit is filed for recovery of possession on the basis of title for which limitation is 12 years as per Article 65 of the Limitation Act, 1963.

(vi) As no consideration was paid to the appellant, the document is void ab initio. The document which is void, is not required to be cancelled, but declaration of being void is sufficient and possession should be delivered to the appellant.

(vii) The trial court has not evaluated the evidence in its true perspective, therefore, the finding arrived at by the trial court is liable to be set aside.

4. Respondent No. 1 to 3 are unrepresented and no argument is advanced on their behalf.

5. First question for consideration before this Court is as to what is the consideration amount for property in question. The sale-deed in question is Ex. P/3. In the sale-deed, the consideration amount is mentioned as Rs. 1,50,000/- while in the plaint, the consideration amount is mentioned as Rs. 12,10,000/- at one state and Rs. 5,44,000/- is mentioned in another stage. Details of post dated cheques is as below:-

Details of reissued cheques is as below:-