BAIDI SINGH Vs. SINGRAI MURMU

JUDGEMENT

(1.) THIS is a plaintiff's second appeal directed against an order dated 9-3-1959 of sri S. K. Mahapatra, District Judge, Balasore, in M. A. No. 77 of 1957, setting aside an order dated 3-8-1957 of Sri N. Sarangi, Addl. Munsif, Balasore, in O. S. No. 84/257 of 1957/54.

(2.) THE plaintiff brought a suit for setting aside a sale deed dated 11-4-1946 executed by his father in favour of the father of defendants 1 to 1 (kha) and husband of 1 (ga) as well for recovery of possession together with mesne profits. The case of the plaintiff's is that the sale deed was without consideration and legal necessity and the same was executed at a time when he was a minor and as such it is not binding and is inoperative against him. The plaintiffs further claimed that he was in possession of the suit property in spite of the sale deed till 23-2-1951 when he was dispossessed. Defendants 1 to 1 (ga) are the only contesting defendants. There is no relief sought against defendants 2 to 8, but they have been added as parties as the plaintiff wanted the case to be heard in their presence. The said defendants were also ex parte from the beginning.

(3.) THE case of the contesting defendants was that the father of the plaintiff in order to purchase some lands elsewhere for the family convenience sold the Ga schedule land (which is the disputed land) for a sum of Rs. 80/- which was paid in full and that they are in possession of the suit land since the date of its purchase. They further pleaded that the suit was barred by limitation as the plaintiff did not file the suit within three years after he attained majority and the suit was filed on 24-11-1954.