BRIJVASILAL Vs. ABDUL HAJI

JUDGEMENT

(1.) The plaintiff is the appellant. The suit in question was filed on behalf of the appellant alleging that he purchased the disputed land from Gayadin and Sumania in the year 1946 for a consideration of Rs 60 and came in possession of the said land. It appears that a registered sale deed dated 26-4-1957 was executed in respect of the same land by the aforesaid Gayadin or the holder of power of attorney on his behalf in favour of the respondent for a consideration of Rs 400. According to the respondent, he came in possession of the land after transfer was made in his favour.

(2.) The trial court decreed the suit taking the view that as the transfer had been made for an amount less than Rs 100, in view of Section 54 of the transfer of Property Act (hereinafter referred to as "the Act") the appellant derived a valid title. That finding was affirmed by the court of appeal. However, on second appeal being filed on behalf of the respondent the High court dismissed the suit. This appeal is against the aforesaid order of the high Court.

(3.) The High Court has pointed out that the appellant has stated in para 4 of the plaint as follows: