DULANA DEI Vs. BALARAM SAHU

JUDGEMENT

(1.) This appeal by the plaintiff is against a reversing judgement.

(2.) Admittedly, Narayan Prasad Patnaik and Umasankar Patnaik (respondents 4 and 5 who were defendants 1 and 2 in the suit) were the owners of the suit land measuring 68 decimals in plot No. 1653 under Khata No. 101 of village Iswarpal, Samil Kadelipal and they executed a registered sale deed dated 6-5-1971 (Ext. 1) for a consideration of Rupees 3,000/- in favour of Bela Bewa, the mother of the plaintiff-appellant Dulan Dai. Thereafter, they cancelled the said sale deed on 30-4-1973 by Ext. 1 on the ground of nonpayment of consideration and re-sold the suit land in favour of respondents 1 to 3 (Defendants 3 to 5) by a registered sale deed dated 4-2-1977 (Ext. 8). There is also no controversy that Bela Bewa died in 1976.

(3.) The case of the appellant-plaintiff is that before execution of the registered sale deed in favour of her mother, there was a written contract for sale of the suit land on 12-3-1971 between the vendors and the vendee on payment of Rs. 1,700/- by the vendee to the vendors and after execution of such contract for sale the vendors delivered possession of the suit land to the vendee on 5-5-1971. It is her further case that her mother continued to remain in possession till her death whereafter she herself remained in possession and that since after execution of the registered sale deed Ext. B in their favour the respondents 1 to 3 (defendants 3 to 5) created disturbance in their possession, she brought the suit merely for declaration of her right, title and interest over the suit land.