BALARAM BARIK Vs. BANAMBARA MAHARANA

JUDGEMENT

(1.) The second appeal is by the defendants against a reversing decree passed in a suit for specific peiv formance of contract for sale of land.

(2.) The plaintiff's case was that defendant No, 1 Balaram Barik, who was the owner in possession of the suit land measuring 0.36 acre, contracted to sell the same to him for a sum of Rs. 2,000 and on receipt of a sum of Rs, 1,500 as part consideration delivered possession in his favour. The contract was entered into on 21-1-75 and the deed of contract (Ext. 1) was executed on that date. He remained in possession of the suit land from the date of contract and offered the balance consideration of Rs. 500 to defendant No. 1 but he avoided to execute the sale deed. On 17-3-75, defendant No. 1 sold 0.08 acre out of the suit land to defendant No. 5 under a registered sale deed (Ext. A) and on 9-475 he also sold 0.08 acre out of the suit land under a registered sale deed (Ext. B) to defendants 2, 3 and 4. The plaintiff's contention was that the defendants 2 to 5 having prior knowledge of his contract obtained the sale deeds (Extg. A and B) without payment of consideration,

(3.) Defendant No. 1 denied the contract and contended that he took a loan of Rs. 300 only from the plaintiff and gave his L.T.I. on a blank paper which has been converted into a deed of contract for the purpose of this case. He also denied having received Rs. 1,500 from the plaintiff. He admitted to have sold a portion of the suit land to defendants 2 and 5 under the two sale deeds (Exts. A and B).