SRI BASUDEB MOHAPATRA Vs. NAI DEI AND ORS.

JUDGEMENT

(1.) THE unsuccessful Plaintiff in the courts below is the Appellant. This appeal arises out of a suit filed by the Plaintiff for a declaration that the ale of the suit -land in the name of one Damodar Swar, father of Defendants 4 and 5 and husband of Defendant No. 3 is benami and that the Plaintiff is the real purchaser and for possession.

(2.) THE Plaintiff 's case is that Defendant No. 2 and his brother Narasingh Jena were the owners of the suit -land along with other lands. They sold the suit -land along with the other lands, the total area being 5.80 acres, to Damodar Swar and the Plaintiff for a consideration of Rs. 300 under a registered sale deed dated May 1, 1943 Ext. 1. The area of the land in dispute which the Plaintiff claims is 1.88 acres out of the said 5.80 acres sold under Ext. 1. The Plaintiff is said to be a caste man of Defendants 2, 3, 4 and 5. It was arranged that the sale of the suit -land (1.88 acres) was in favour of the Plaintiff for Rs. 100 which was, paid by the Plaintiff. It is said that there was a family quarrel between the Plaintiff and his nephew in about the time of the sale. Therefore to avoid future trouble the Plaintiff purchased the suit -land in the name of Damodar Swar who was his caste man, neighbour and an intimate friend. On the death of Damodar the Plaintiff approached his widow Defendant No. 3, to execute a deed of reconvene in respect of the suit -land. Defendants 3 to 5 executed a sale deed in favour of Defendant No. 1 at the instance of Defendant No. 2 the husband of Defendant No. 1.

(3.) THE trial Court disbelieved the Plaintiff 's case of V benami and dismissed the suit. In appeal the learned lower appellate Court confirmed the decision of the trial court on the finding, inter alia, that no consideration was paid by the Plaintiff.