RATAN MAHATO Vs. BHABI SINGH SARDAR & ANR.

JUDGEMENT

(1.) This second appeal is directed against the judgement and decree dated 29th March, 2014 passed by the learned Civil Judge (Senior Division), Additional Court, Purulia in Title Appeal No. 38 of 2013 by reversing the judgement and decree dated 26th July, 2012 passed by the learned Civil Judge (Junior Division), Purulia in Title Suit No. 362 of 2004 at the instance of the plaintiff/appellant.

(2.) Let us now consider the merit of the appeal to find out as to whether any substantial question of law is involved in this appeal for which the appeal is required to be admitted for hearing under the provision of Order 41, Rule 11 of the Code of Civil Procedure or not.

(3.) The plaintiff filed a suit for declaration of his title and for injunction. He claimed that Moti Mura was the owner of the suit property. Pursuant to an oral agreement made between the plaintiff and Moti Mura, the plaintiff paid a sum of Rs.500.00 being the consideration money for sale of the suit property in his favour by Moti Mura. On acceptance of such consideration money, possession of the suit property was delivered to the plaintiff by Moti Mura who ultimately could not execute any deed of transfer as he subsequently became ill.