M.Y. Eqbal, J. - (1.) These two appeals filed by both the appellants and the respondents challenging the same judgment and decree, have been heard together and are disposed of by this common judgment. In FA No.209/2008 the plaintiffs are the appellants whereas in FA No.215/2008 the defendants are the appellants. For the sake of convenience, the appellants and the respondents shall be referred as plaintiffs and the defendants.
(2.) The plaintiffs are the members of scheduled tribes and have filed Title Suit No.22/2004 for declaration of right, title and interest over the suit land and also for declaration that the sale deed dated 30.7.2001 executed by the plaintiffs is void, fraudulent and the same may be cancelled. In addition to that they prayed for confirmation of possession and also for a decree of permanent injunction restraining the defendants from interfering with the possession of the suit land.
(3.) The plaintiffs' case, inter alia, is that they are the members of scheduled tribes and are illiterate persons. The defendants were in need of some land and requested the plaintiffs to sell 2 decimals of land for a consideration amount of Rs. 30,000/- Rs. 15,000/- per decimal. It is alleged by the plaintiffs that they told that permission under Section 48 of the CNT Act is sought only for 2 decimals of land. It is pleaded that the defendants in collusion with an advocate and the land broker, with whom plaintiffs have no previous acquiescence, got a petition filed representing that petition is for permission by the Deputy Commissioner under Section 48 of the CNT Act in respect of only two decimals of land. The plaintiffs' further case is that no deposition was recorded by the Rent Deputy Collector exercising power under Section 48 of the CNT Act. The defendants, in collusion with the scribe, got a sale deed typed and the L.T.I. of the plaintiffs were obtained misrepresenting that only 2 decimals of land has been scribed in the deed. The plaintiffs' case is that the defendants gave false assurance to pay the consideration amount but did not pay a single pie. It is alleged that by practicing fraud upon the plaintiffs in collusion with the scribe, they got 15 kattha of land in place of 2 decimals of land and the full payment of Rs. 3,25,000/- has been described in the sale deed. The plaintiffs, therefore, prayed that the sale deed having been obtained by practicing fraud, is void an ab initio.;