NADIM MOHLE NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 139 of 2004 Smt.Anjana Khakha W/o Vijay Khakha Aged About 35 Years Cast - Uraon, Resident Of Kunkuri Police Station And Tahsil Kunkuri District - Jashpur ... Appellant versus

1- Saihin Xalxo (Died and Deleted) Through Lrs. Nil 1.1 - (A) Lalita Xalxo Wd/o Shri Saihun Xalxo Aged About 50 Years R/o Village Karamdeeh, Tahsil And District - Simdega, Jharkhand 1.2 - (B) Ashin Xalxo D/o Shri Saihun Xalxo Aged About 27 Years R/o Village Karamdeeh Tahsil And District -Simdega, Jharkhand 1.3 - (C) Anjan Xalxo S/o Shri Saihun Xalxo Aged About 24 Years R/o Village Karamdeeh Tahsil And District -Simdega, Jharkhand 1.4 - (D) Aadam Xalxo S/o Shri Saihun Xalxo Aged About 22 Years R/o Village Karamdeeh Tahsil And District -Simdega, Jharkhand 2 - Prabhudas Xalxo S/o Powel Xalxo Aged About 40 Years Caste Uraon, Resident Of Village Karamdeeh Tahsil Simdega Jharkhand 3 - Deepshikha Xaxa Aged About 44 Years D/o Peska Xaxa (Adopted Daughter Of Manohar Xalxo), W/o Akash Xaxo, R/o - Bethesada Compound, G.E.L. Graveyard, G.E.L. Church, Ranchi, G.P.O. Jharkhand, 834001. Presently Residing At Village - Kunkuri (Opposite Girls School - Tapkra Road) Tahsil And P.S. - Kunkuri, District - Jashpur, C.G.

... Respondent(s)

Hon’ble Shri Justice Rakesh Mohan Pandey C A V Judgment

1. This appeal has been preferred by the defendant/appellant assailing the validity and propriety of the judgment and decree dated 06.05.2004 passed by the IInd Additional District Judge (F.T.C.) in Civil Suit No. 5A of

2003, whereby the suit filed by the plaintiffs was decreed.

2. The original plaintiff, namely Manohar Xalxo filed a suit against the sole defendant to declare the sale deed dated 25.05.2000 as null and void on the ground that the sale deed was executed in favour of the defendant, as a compromise was made that the defendant had agreed to take care of the original plaintiff till his death. The suit property is the land bearing Survey Nos. 476/13 and 476/14, and the house situated over it. The property is situated at Village Kunkuri, P.H.No.7, District Jashpur.

3. The original plaintiff was issue-less, and the defendant was brought up in his custody, and her marriage was performed by the original plaintiff. It is pleaded that the defendant allured the original plaintiff and therefore the sale deed was executed. The plaintiff pleaded that he remained in possession of the property till the finalization of the suit. Allegations of fraud were also made. The plaintiff pleaded that the witnesses to the sale deed were Dilip Jain, son of Jagmohan Jain, and Philmon Khakha. Dilip Jain was a tenant of the plaintiff and he wanted to purchase the suit house and at his instance, the defendant purchased the property.

4. The defendant filed a written statement and denied the averments made in the plaint. It was pleaded that the registered sale deed was executed on 25.05.2000 in the presence of witnesses after payment of ₹

the consideration of 80,000. She pleaded that possession was handed over to her, and after the death of the original plaintiff, he was no longer the owner of the property. She further pleaded that she was employed and used to take care of the original plaintiff and his wife, and used to visit them frequently. It was also stated that the original plaintiff was issue-less and a registered sale deed was executed in favour of the defendant in the presence of two witnesses.

5. The trial court framed issues, parties adduced evidence, and thereafter the judgment and decree were passed.

6. The original plaintiff Manohar Xalxo died on 15.01.2002, and one Paval Xalxo moved an application for his impleadment as the plaintiff, being the legal representative of the original plaintiff. He pleaded that the late Manohar Xalxo had adopted one Deepshikha on 20.06.1982, and an adoption deed was executed on 31.03.1997. During the pendency of the suit, Paval Xalxo also died. Saihun Xalxo and Prabhudas Xalxo were impleaded as the legal repres