DUBAR DUBEY Vs. BALRAM PANDAY AND OTHERS

JUDGEMENT

(1.) THIS is a plaintiff's second appeal. The suit was for cancellation of a sale -deed executed by defendant No. 3 in favour of defendant Nos. 1 and 12 in respect of a shop in a house and agricultural land. It is not necessary to state the facts in any detail as the matter may be disposed of very shortly.

(2.) THE trial Court decreed the suit for cancellation of the sale -deed in respect of two plots of land Nos. 317 and 318 of village Bahwaliar and dismissed the rest of the claim. The plaintiff appealed from that decree but neither of the defendants preferred any appeal from the decree cancelling the sale -deed in respect of the plots No. 317 and 318 of village Bahwaliar. The lower appellate Court dismissed the plaintiff's appeal but at the same time set aside the decree cancelling the sale -deed in respect of plot Nos. 317 and 318 of village Bahwaliar and dismissed the suit in toto.

(3.) IT was then urged by Mr. Dubey that the decree refusing to cancel the sale deed in respect of the house was also bad. But I do not think there is any substance in that point. In the result, the appeal succeeds and is allowed. The decree of the lower appellate Court is set aside and the decree of the trial Court is restored. As no one has appeared for the respondents in this Court, there will be no order as to costs.