AKURA KHATEI Vs. HARIHAR PANDA

JUDGEMENT

(1.) THE plaintiff is In appeal against the reversing decision of the learned subordinate Judge of Bhuba-neswar in a suit for setting aside a registered document executed by the plaintiff in favour of the defendant on 20th of June, 1964, in regard to the disputed property: for declaration of title and recovery of possession of the suit property.

(2.) THE disputed property is a little less than 3 decimals of land out of plot. No. 1888 in khata No. 626. According to the plaintiff being in need of money, he agreed to execute a usufructuary mortgage in favour of the defendant and on that security to incur a loan. The defendant had lands contiguous to the disputed property and he expressed the desire to purchase it. As the plaintiff did not agree it was decided that a usufructuary mortgage would be executed and a loan of Rs. 75/- would be advanced by the defendant to the plaintiff. The defendant brought the plaintiff to Bhubaneswar, got a document scribed by the deed-writer and under the impression that the plaintiff was executing a registered mortgage as agreed, the plaintiff executed the document. A few months after, the plaintiff repaid the loan of Rs. 75/- and demanded return of the security bond. The defendant did not do so and ultimately the plaintiff came to know that the document which he had executed was not a security bond but a sale deed. He filed the suit for cancellation of the document on the aforesaid allegation on 26-7-1966.

(3.) THE defendant contended that the sale was genuine and was brought about after due negotiation. In fact parties negotiated upon an exchange and on the same day when the impugned document was taken, the defendant also executed a sale deed in the name of the wife of the plaintiff as per his desire. The exchange was the real consideration.