A registered sale deed carries a presumption of validity; the burden of proof lies on the challenging party to demonstrate otherwise.

JUDGMENT :

(Sanjay Kumar Dwivedi, J.)

Heard Mr. Rahul Kumar Gupta, the learned counsel appearing on behalf of the appellants.

2. This second appeal has been preferred against the judgment and decree dated 6.7.2024 passed by learned District Judge-III, Gumla, with regard to Civil Appeal No.22 of 2018 whereby the learned court has been pleased to dismiss the appeal and affirm the judgment and decree passed by learned Civil Judge, Senior Division-II, Gumla in Title Suit No.38 of 2009 by judgment dated 31.08.2018 and decree dated 4.9.2018.

3. The plaintiff-appellant has instituted the Title Suit No.38 of 2009 for declaration of right, title and possession over the suit land and declaration of sale deed No.2319 of 2006 dated 10.10.2006 instituted by the plaintiff in favour of the defendant be declared void ab initio and of no consequence as described in schedule of the plaint.

4. The case of the plaintiff, in short, is that the lands under Khata no. 183, plot no. 2382, Area 0.54 acres including some other lands of village and PS Sisai, District Gumla has been recorded in the R.S record of right in the names of Lakku Teli, Mali Teli and Gunga Teli sons of late Gansu Teli of the village and P.S Sisai. Mali Teli and Gunga Teli died issue less and Mali Teli died leaving behind his widow Somari Sahun. Somari Sahun W/o Malı Teli had sold the land under khata no. 183, plot no. 2382, Area 0.35 acres out of 0.54 acres towards east in favour of Sk. Md Elahi Bux S/o Late Sk Karim Bux through registered sale deed no. 421 dated 3.3.1965 for her legal necessity after taking valid consideration. The land was shown in remarks column of R.S record of right under the possession of Mali Teli after getting the land purchased, the plaintiff came in possession, got his name mutated and he is paying the rent and cess regularly to the State without any interruption from any corner Besides this he has erected boundary wall over his purchased area, and also a house bearing six rooms.

The plaintiff fell in urgent need of money and sold the land under Khata no. 183. plot no 2382. Area 0.09 acres out of 0.35 acres towards West in favour of the defendant through registered sale deed no. 2319/06 dated 10-10- 2006 for a consideration of Rs. 1.76,000/- (One lac seventy six thousand). The defendant assured him that all the consideration amount will be paid as earlier as possible and the plaintiff accepted the payment in deed, but the defendant on demand by the plaintiff, always used to post-pone the matter for some pretext or the other and as yet he did not pay a single paisa to the plaintiff Now three years is going to be elapsed but on repeated request the defendant did not pay the consideration amount to the plaintiff. Due to non payment of sale consideration money the plaintiff has not delivered possession to the defendant and the plaintiff is still in possession over the suit land. Due to non payment of consideration money the title did not pass to the defendant. The plaintiff demanded the consideration money lastly 25-09-2009, but the defendant refuse to pay the consideration amount, Hence the plaintiff is compelled to file this suit.

5. The case of the defendant is that upon notice, the defendant appeared in title suit before the trial Court and has filed his written Statement contesting the claim and prayer made on behalf of the Plaintiff. It has been contended that this suit as framed in its present form is not maintainable and is fit to be dismissed. There is no cause of action for the suit and those reveal in paragraph 9 or elsewhere in the plaint are all concocted and fabricated for the purpose of the present suit. The facts are otherwise different than those stated in the plaint.