HRUDANANDA PANDA & OTHERS Vs. EKADASI JENA

JUDGEMENT

(1.) In this appeal, the appellants have called in question the judgment and decree passed by the learned District Jude, Keonjhar in R.F.A. No.49 of 2004.

(2.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.

(3.) Case of the plaintiffs is that the defendant was the owner in possession of the suit land. On 23.11.2001 he executed the registered sale deed in favour of the plaintiffs transferring the right, title and interest in respect of the suit land to them. It is stated that there was an agreement between the parties that the consideration money would be paid later to the defendant when he would be handing over the endorsed registration ticket as required under his signature so as to enable the plaintiff to get the custody of the original sale deeds. It is also the case of the plaintiffs that the defendant sold the land so as to defray the marriage expenditure of his daughter. The possession of the suit land was however not delivered to the plaintiffs soon after the execution of the sale deed. It is next stated that on the same day the defendant executed another registered sale deed in favour of Himansu Mohapatra and Sudhansu Mohapatra. The plaintiffs' further case is that on 09.112.2001 they paid a sum of Rs.10,000/- to the defendant who acknowledged the receipt of the same and it was settled then that the defendant would hand over the registration tickets to the vendees and would put them in possession of their respective purchased land. However, the defendant did not hand over the tickets thereafter despite of the fact that on 03.07.2002 the plaintiffs paid the balance consideration of Rs.10,000/- to the defendant through one Sarala Mohapatra.