(Delivered by Hon'ble Sudhir Agarwal, J.) 1. This Is Defendant's Appeal Under Section 100 C.P.C. This Court Formulated Following
3 All] Shitla Prasad Vs. Banwari & Ors 1415 APPELLATE JURISDICTION been raised by defendants. All these facts CIVIL SIDE show that the conduct of defendant in the DATED: ALLAHABAD 30.10.2013 entire case was neither straight nor honest. It is true that in respect of market value of BEFORE the land, over which finding has been THE HON'BLE SUDHIR AGARWAL, J. recorded by LAC, it may be said that there was no evidence, but the land in question at Second Appeal No. 111 of 2010 the time of execution of sale deed was of much higher value, as is evident from the fact that it was transferred for a Shitla Prasad ...Appellant consideration of Rs. 24,000/- but for the Versus purpose of stamp duty, much higher value Banwari & Ors. ...Opp. Parties has been mentioned and that too when it was taken as agricultural land. It is in these Counsel for the Petitioner: facts, the finding recorded by LAC that Sri T.N. Tiwari, Sri M.K. Gupta, Sri Manish value of the land would have been much Goyal more than Rs. 24,000/-, it cannot be said that a prudent vender could have sold 24 Counsel for the Respondents: dismal of land for just Rs. 24,000/-, when Sri O.P. Shukla, Sri Rakesh Pande, almost 20 years back he has purchased the Sri Prashant Pande, Sri Akhilesh Kumar, land for a consideration of Rs. 5,000/-. In Sri Rajendra Singh, Sri Anil Sharma entirety and the backdrop of all these facts, it cannot be said to be without any evidence Sri Chandrasen Pal or perverse.
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