DINABANDHU BEHERA Vs. BINOD RAM

JUDGEMENT

(1.) This 2nd Appeal has been preferred against the confirming Judgment.

(2.) The appellant of this 2nd Appeal was the sole defendant in the suit vide Title Suit No.14 of 1985-I and he was the appellant in the 1st Appeal vide Title Appeal No.4 of 1987. The predecessor of the respondents of this 2nd Appeal i.e. Ramswarup Ram was the sole plaintiff in the suit vide Title Suit No.14 of 1985-I. When that plaintiff Ramswarup Ram expired, after the Judgment of Title Suit No.14 of 1985-I and during the pendency of the 1st Appeal vide Title Appeal No.4 of 1987, the respondents of this 2nd Appeal were substituted in his place as respondent Nos.1(a) to 1(f) in that 1st Appeal.

(3.) The case of the plaintiff as per the averments made in his plaint against the defendant was that, on dtd. 19/3/1974, the defendant sold some properties to Binod Kumar Ram (who is the son of the plaintiff) by executing and registering a sale deed. When the sold land covered under the aforesaid deed dtd. 19/3/1974 was demarcated through Amin at the field, it was found that, the defendant has no such land. Therefore, a case under Sec. 420 of the IPC was instituted against the defendant. During the pendency of the said criminal case, the plaintiff and defendant entered into a compromise and on the basis of such compromise, the defendant sold the suit properties to the plaintiff for a consideration of money of Rs.5,000.00 by executing and registering the sale deed on dtd. 24/9/1977.