MANDAKINI MISHRA Vs. DHENKANAL MUNICIPALITY

JUDGEMENT

(1.) The Appellants, by filing this Appeal under Sec. 100 of the Code of Civil Procedure (for short, 'the Code'), have assailed the judgment and decree dtd. 31/1/2003 and 19/2/2003 respectively passed by the learned District Judge, Angul, Dhenkanal in Title Appeal No.19 of 1990.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

(3.) Plaintiff's case is that Purnanda Sidha Bramhachari, being in need of money, had agreed to sell Ac.0.22 decimals of land out of plot no.1477 and 1478 under khata no.82 of Dehnkanal town as per the record of Revision Settlement of the year 1923-24 corresponding to Hal Settlement Plot No.2178 measuring Ac.0.045 decimals, plot no.2179 measuring Ac.0.139 decimals under Khata no.1994 and plot no.160 under khata no.1991 measuring Ac.0.338 decimals; in total Ac.0.22 decimals. It is stated that said Purnanda Sidha Brahmachari executed an agreement for sale of the above land on 20/12/1969 in favour of the Plaintiff and out of the agreed consideration of Rs.5000.00, he had received a sum of Rs.101.00, as advanced consideration from the Plaintiff. It was promised by Defendant No.1 that he would register the sale deed in favour of the Plaintiff in future after he recovers the possession of the suit land and at that time would receive the balance consideration from the Plaintiff. It is further stated that although such an agreement for sale had been executed, the sale deed could not be so executed as litigation in respect of the said land continued between said Purnandaon one hand and Narayan Mishra and others on the other. The suit terminated finally in favour of Purnanda and his title was declared. He was also restored with the possession of the suit land on 21/9/1975 by the order passed by the learned Subordinate Judge, Dhenkanal in the Execution Case No.15/72.