KULSUM BIBI Vs. ANANTA PRASAD RANA

JUDGEMENT

(1.) THE Defendant has preferred this appeal against the decision of the Subordinate Judge, Balasore, in Money Appeal No. 17/71 of 1970/71 -I, reversing the decision of the Munsif, Balasore, in Original Suit No. 148 of 1968 -1.

(2.) THE Petitioner 's case in short is that the Defendant executed a registered sale deed (certified copy of which is Ext. 4 and hereinafter referred to as Ext. 4) in favour of the Petitioner on 19 -7 -1968 in respect of the suit property. Subsequently the Defendant cancelled the aforesaid sale deed on 19 -8 -1968 as per Ext. A. According to the Petitioner, the right, title and interest over the suit property vested in him by virtue of the registered sale deed Ext. 4 dated 19 -7 -1968, and as he became a full owner of the said property from the date of the execution of the deed, the deed of cancellation Ext. A executed subsequently by the Defendant would be of no effect and would not divest the Petitioner of his right, title and interest in the suit property. On the above facts the Petitioner prays for the declaration of his title to the suit land, and for confirmation or in the alternative for recovery of possession of the same.

(3.) THE trial Court inter alia found that the Petitioner did not pay the consideration money for the above sale; that the receipt Ext. 2 showing payment of consideration was not genuine, and that title to the suit property did not pass to the Petitioner on the execution and registration of the sale deed Ext. 4.