- (1.) The appellants-defendants Nos.2 and 3 (hereinafter referred to as 'the appellants') have approached this Court by way of the instant first appeal for assailing the judgment and decree dated 06.11.2017 passed by the Additional District Judge No.3, Chittorgarh in Civil Original Suit No.06/2013 whereby the suit filed by the plaintiff-respondent No.1 has been decreed.
(2.) Brief facts relevant and essential for disposal of the appeal are noted herein below: The respondent plaintiff filed a suit for cancellation of the sale deed and permanent injunction in the court of the District Judge, Chittorgarh which came to be transferred to the Court of the Additional District Judge No.3 Chittorgarh for trial. It was averred in the plaint that two sale deeds were executed by the plaintiff Prahlad Sen, one in favour of Puran Mal (Ex-1) and the other in favour of Pappu Singh (Ex-2) on 05.12.2011. Puran Mal in turn, executed a registered sale deed of the plot purchased by him in favour of Shyam Lal S/o Devilal Regar (Ex-3) 15.02.2012. The suit was filed on the premise that the two cheques bearing No.324159 dated 06.12.2011 and 324160 dated 10.12.2011 issued by Puran Mal as consideration for the sale of both the plots, were dishonoured upon being presented in the Bank. Prahlad Sen the plaintiff contended that the sale deeds were got executed without consideration and were thus liable to be declared as null and void and in the alternative, it was prayed that if the sale deeds were not cancelled, then a decree for amount of the cheques' amount alongwith damages and interest thereupon be issued. The appellants herein and Puran Mal were arrayed as defendants in the suit. Puran Mal chose not to put in appearance despite service of the notice and thus, an ex-parte proceedings were undertaken against him.
(3.) Pappu Singh and Shyam Lal the appellants herein filed written statements wherein, they asserted that the sales were lawful. Shyam Lal had purchased the property from Puran Mal and that entire consideration towards both the sale deeds was paid to the said Puran Mal in cash. The appellants herein, also filed a counter claim. The learned trial court, proceeded to formulate the following issues for determination: ...[VARNACULAR TEXT UMITTED]...;