LAWS(ORI)-2014-2-41

RAMA CHANDRA SAHU Vs. GOPINATH PANIGRAHI

Decided On February 25, 2014
RAMA CHANDRA SAHU Appellant
V/S
GOPINATH PANIGRAHI Respondents

JUDGEMENT

(1.) THE Plaintiffs are the Appellants assailing the judgment and decree dated 11.12.1992 and 2.1.1993 respectively passed by the learned Additional District Judge, Jeypore in T.A. No.27 of 1989 dismissing the appeal against the judgment and decree passed by the learned Subordinate Judge, Gunupur in T.S. No.21 of 1985.

(2.) THE Second Appeal is admitted on the following substantial questions of law:

(3.) CASE of the appellants -plaintiffs is that the suit land belonged to one Dinabandhu Behera who died in the year 1970 leaving behind his widow, Chitra Beherani, and a married daughter, Manikya Beherani. On 30.4.1981 said Chitra and Manikya entered into an agreement with the plaintiffs for sale of the suit land for a consideration of Rs.10,000/ - and receiving a sum of Rs.505/ - as part consideration delivered possession of the suit land to the plaintiffs, with a stipulation that they would execute a registered sale deed within two months. On 11.5.1981 both of them executed a sale deed in favour of the plaintiffs and the balance sale price was paid but the deed could not be presented for registration on the same day. Subsequently, on 18.6.1981 the sale deed was registered.