S.D. Bajaj, J. - (1.) IN Civil Suit No. 370 filed on 26 -9 -1981 in the Court of learned Sub Judge 1st Class, Patiala, It was agreed between the parties on 18 -5 -1982 in terms of the compromise Exhibit P -3, that the Plaintiffs would surrender possession of plots of Surjit Singh, Harinder Kaur, Barinder Kaur and Kuldip Kaur, Defendants, which they had before filing the suit, back to Defendants and as consideration for it Barinder Kaur Defendant would sell her plot to Plaintiffs for Rs. 40,000/ -.
(2.) IT is admitted case of the parties that the Plaintiffs in Civil Suit No. 370 of 1981 as also the Defendants therein did not transfer anything to any one much less to Barinder Kaur. The Plaintiffs in that suit, however, obtained the sale deed of her plot Exhibit P. W. 2/A executed from Barinder Kaur Plaintiff Appellant in favour of Defendant -Respondent. Ajit Singh, the same date viz., on 18 -5 -1982. It was stated in the sale dead aforesaid that a sum of Rs. 40,000/ -(Rupees forty thousand only) would be paid to the vendor by the vendee before the Sub Registrar at the time of Registration of the sale -deed. On the sale deed Exhibit P. W. 2/A being presented for registration, Sub Registrar desired the purchaser to pay Rs. 40,000/ - to the vendor Barinder Kaur Plaintiff Appellant before himself. The vendee admittedly had no money. Sub Registrar refused to register the sale deed and asked the vendee to get its terms duly altered. After deletion of the term regarding payment of sale consideration before the Sub Registrar it was incorporated in the sale deed that the vendor had received the sale consideration at her house before the execution of the document. The alteration in recital, got changed at the instance of the Sub Registrar, was got initialled from the vendor by the Sub Registrar himself in his office room without any money being paid to her in his presence or otherwise In result sale deed Exhibit P. W. 2/A was obviously wholly without consideration.
(3.) PLAINTIFF -Appellant filed Civil Suit No. 39 on 19 -2 -1983 before the learned Senior Sub Judge, Patiala, for recovery of possession of her plot aforesaid on the ground that the sale vide registered sale deed Exhibit P. W. 2/A was wholly without consideration. Learned trial Court dismissed the suit on the ground that the recital regarding the receipt of sale consideration at home before the execution of the sale deed, having been acknowledged by the vendor, both in the sale deed and before the Sub Registrar, there was no merit in her assertion of the sale deed being without consideration. In Civil Appeal No. 85 -T decided on 23 -8 -1988 the learned lower Appellate Court reversed the findings of the learned trial Court on the point of payment of consideration but instead of decreeing the suit for recovery of the possession of the plot allegedly sold vide Exhibit P. W. 2/A ordered that the Defendant -Respondent would pay to Plaintiff -Appellant the sale consideration of Rs. 40,000/ - together with interest at the rate of 12% per annum thereon with effect from the date of the execution on the sale deed viz. 18 -5 -1982.;