NARAHARI DHAL Vs. SUBARNA DEI

JUDGEMENT

(1.) DEFENDANTS are the appellants against a reversing decree in a suit for declaration of title, confirmation of possession, in the alternative, for recovery of possession. The disputed land is homestead land with an extent of Ac.0.17 decimals, The case of the plaintiff is as follows :

(2.) DEFENDANTS in their joint written statement denied the plaint allegations and pleaded that the sale deed had been executed for consideration and defendant No. 2 had possessed the disputed land. It was claimed that under the sale deed dated 23 8 1943, a total extent of Ac.0.24 decimals of land including the disputed Ac.0.17 decimals of land had been sold and the father of defendant No. 2 and thereafter the defendant No. 2 had remained in possession and subsequently the property had been validly sold to defendant No. 1. It was also pleaded that during Settlement operation, defendant No. 2 who hadconfidence in the son of the plaintiff had given the sale deed, but taking advantage of such temporary custody, the son of the plaintiff got the disputed property recorded in the name of the plaintiff.

(3.) THE lower appellate court has reversed the decision of the trial court on the finding that defendant No. 1 had failed to establish that he was in possession and the sale deed (Ext. 6) had not been acted upon.