Prem Singh vs Mangu Ram on 11 March, 2004
Further no benefit of sale deeds executed by
Manmohan Singh to the sons of respondent No.1 can
be given to the appellants because the land sold by
Manmohan Singh earlier to the respondent No.1 or his
children has much front. Further if the agreement to sell
is proved on the file, it can not be thrown away on the
ground of inadequacy of consideration. Therefore, I find
no force in the contention of learned counsel for
appellants that price of suit property is inadequate.
Further it was not proved on the file that agreement to
sell was executed to secure the payment of loan
transaction. The agreement to sell and receipts are fully
proved on the file. Therefore, the authorities titled as
Prem Singh Vs. Mangu Ram (Supra) and
Lalithambika Vs. M.O. Varghese_(Supra) are not
applicable to the facts of present case and are quite
distinguishable. The plaintiff has proved the execution
of the agreement to sell on the file. The plaintiff has
discharged the onus placed upon him. The defendants
took the plea that the agreement to sell is a forged and
fabricated document but they have failed to prove the
fraud.