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2009 Supreme(MP) 942

A.M.NAIK
Shivnarain – Appellant
Versus
Thakura – Respondent


Advocates Appeared:
C.R. Roman for appellants;
S.K. Jain for respondent No.1
V.S. Chaturvedi for respondent No.2.

JUDGMENT

1. This appeal has been preferred against the dismissal of the suit of the plaintiff for restoration of possession by the Court below in a concurrent manner.

2. Case of the plaintiff is that he entered into an agreement of purchase with defendants/respondent No.1 on 3.7.1974 (Ex. P/2) for a consideration of Rs.5,000/-. A sum of Rs. 3,500/- was paid out of the consideration as advance and possession was obtained. Later on, registered sale deed was .executed on 22.7.1975 (Ex. P/1).His name was mutated as revealed in Ex. P/3. He was dispossessed on 16.8.1977. Hence the suit for restoration of possession.

3. Defendant/respondent No.1 submitted his written statement refuting thereby the allegations contained in the plaint regarding receipt of consideration, execution of agreement of sale and registered sale deed. Suit stood dismissed by the Courts below in concurrent manner with a finding that the defendant/ respondent No.1 was an illiterate villager and knew only to put his signature. Both the documents are not proved to have been executed by him after he was duly apprised of the contents. Similarly, possession was never found to have been delivered to the plaintiff pursuant to















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