TARAPROSAD PRODHAN Vs. SHYAM BERA

JUDGEMENT

(1.) This appeal arises out of a suit instituted by appellant Tara Prosad Prodhan for enforcement of registration of kobala under Section 77 of the Indian Registration Act. The case of the plaintiff in brief was that the defendants agreed to sell the lands described in the plaint to the plaintiff for a consideration of Rs. 300/- and that they actually executed a kobala in favour of the plaintiff on 2nd May, 1948 in furtherance of the agreement. The case of the plaintiff further was that when the kobala was presented for registration before the Sub-Registrar of Egra, the defendants did not turn up and so registration was refused by the Sub-Registrar on October 4, 1948. Thereafter the plaintiff filed an application before the District Registrar of Midnapore for directing the defendants to register the kobala but as the defendants appeared and denied execution of the kobala, the District Registrar dismissed the application of the plaintiff on August 29, 1949. Thereafter the present suit under Section 77 of the Indian Registration Act was instituted by the plaintiff on September 20, 1949.

(2.) The suit was contested by the defendants. Their defence, in short, was that they had never agreed to execute a kobala in favour of the plaintiff and their thumb impressions were taken by one Bepin Mahapatra on some blank papers on false and fraudulent representations.

(3.) The trial court accepted the defence of the defendants and dismissed the suit. The plaintiff preferred an appeal which was also dismissed. So the plaintiff has preferred this Second Appeal.