JUDGMENT :

Rajani Dubey, J. -

01. The defendant No.1/appellant herein has filed this appeal being aggrieved by judgment and decree dated 09.09.2015 passed by II Additional District Judge, Bastar at Jagdalpur, in Civil Suit No.06A/2014, whereby the learned trial Court-decreed the suit for declaration and injunction in favour of plaintiff/respondent No.1 herein.

02. Before the learned trial Court, this is an admitted fact that on 25.02.2012, an agreement for sale of suit property was executed between plaintiff/respondent No.1 and defendant No.1/appellant. On 25.02.2012, the plaintiff received Rs.4,89,000/- by cheque and Rs.11,000/- in cash as advance by defendant No.1/appellant.

03. Brief facts of the case are that plaintiff/respondent No.1 herein filed a suit for declaration and injunction in respect of property bearing Kh. No.33 & 62 total area 8.60 hectare situates at village Piplawand, District Bastar (C.G.). The declaration was sought to the effect that the sale deed dated 30.08.2012 be declared null and void and the injunction be issued defendant and he be restrained from creating third party interest and from dispossessing the plaintiff and the mutation of the defendant No.1/appe