Fraud in civil proceedings must be proven beyond reasonable doubt; failure to establish fraud led to dismissal of the suit as barred by limitation.

JUDGMENT :

(Anil Kumar Choudhary, J.)

Heard the learned counsel for the appellant.

2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree of affirmance dated 26.08.2016 passed by the learned Additional Judicial Commissioner-VII, Ranchi in Title Appeal No.56 of 2010 whereby and where under, the learned first appellate court has confirmed the judgment and decree passed by the learned trial court being the Additional Munsif-I, Ranchi in Title Suit No. 67 of 1998 dated 07.04.2010 and dismissed the appeal.

3. The brief fact of the case is that the appellant-plaintiff filed Title Suit No. 67 of 1998 in the court of Munsif, Ranchi with the prayer for declaration that sale deed no. 6295 dated 24.06.1986 executed by plaintiff in favour of the defendant, is null and void. The plaintiff further sought declaration of her title over the suit land as also declaration of her possession. The plaintiff made an alternative prayer that if during the pendency of the suit the plaintiff is found to be not in possession then a decree for delivery of possession be also passed in favour of plaintiff. The plaintiff lastly prayed for cost of the suit and other reliefs, if any.

4. The case of the plaintiff in brief is that the suit land was purchased by the plaintiff and the defendant jointly through registered sale deeds bearing nos. 10065 and 10066 both dated 18.12.1969, from the rightful owner and this is also the admitted case of the defendant. It is the case of the plaintiff that the suit land was purchased by making the payment from the own stock and fund of the plaintiff but the husband of the defendant being the elder brother of the husband of the plaintiff and was also the head of the family, managed to figure the name of his wife in the said registered sale deed as a co-purchaser, even though the defendant did not pay any amount of consideration money and the entire consideration money was paid by the husband of the plaintiff. After purchase of the suit land, the husband of the plaintiff died. The plaintiff filed petition for mutation on the basis of registered sale deed and the mutation was allowed both in the name of the plaintiff and the defendant, by entering the names of the two persons in Register-II. It is the further case of the plaintiff that the defendant brought the plaintiff to the Ranchi Registry Office for execution of a deed of relinquishment by the defendant in favour of the plaintiff but the husband of the defendant managed to execute two deeds on the same day, one deed with respect to deed of the same land by the plaintiff in favour of the defendant and another deed with respect to the deed of Adhbatayidar. The plaintiff pleaded that she being an illiterate person was not able to understand the consequence of the deed, at the time of execution of the same. The plaintiff continued to be in possession of the suit land. The sale deed no. 6295 does not contain description of the property sold. The plaintiff came to know about the execution of the said sale deed no. 6295 when a petition for mutation was filed by the defendant and the notice of the same was served upon the plaintiff. The plaintiff filed her objection. The plaintiff next pleaded that the deed of sale and the deed of Adhbatayidar was not acted upon. Hence, the plaintiff filed the suit, for the said reliefs, as indicated above.

5. In her written statement, the defendant challenged the maintainability of the suit on various technical grounds. It was further pleaded by the defendant that the plaintiff had full knowledge about the registered sale deed of the year 1969 and 1986. The defendant next pleaded that the Title Suit No.51 of 1997 is pending in the court of Munsif, Ranchi in which one Biru Singh is claiming the suit land. The defendant further pleaded that the plaintiff has filed the suit at the instance of her son-in-law and the defendant paid the entire consideration amount of the land in the year 1969