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1977 Supreme(MP) 1019

M.L.MALIK
Koushalbai – Appellant
Versus
Nathulal – Respondent


Advocates Appeared:
For the Applicant : S. Awasthi.
For the Non-applicant : S.N. Shukla.

Short Note :

1. The plaintiff's suit was for declaration and injunction. Suit land was purchased for a consideration of Rs. 6,000 from the defendant. The defendant contended that he received only Rs. 3,000 towards the consideration. Rs. 3,000 were retained by the plaintiff's husband for discharging the Taccavi and bank loan due against the defendant. It was agreed that so long the plaintiff's husband did not discharge that liability, possession over the land would continue with the defendant. The trial Court prima facie accepted the plaintiff's story that she was put in possession of the disputed land and that she was in cultivating possession of the same till the institution of the suit. The trial Court granted ad-imerim injunction in favour of the plaintiff which was vacated by the Additional District Judge.

2. Held : The recitals in the sale-deed show that the vendor had received full consideration of Rs. 6,000 (Rs. 2,700 before the Sub-Registrar and Rs. 3,300 earlier). The purchaser had not taken upon herself the liability to pay off the Taccavi and Bank loan due against the defendant. The recitals further show that possession was delivered to the purchaser. Unless the defendant


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