KAILASH CHANDRA Vs. MAHANI CHARAN

JUDGEMENT

(1.) The petitioner who is the plaintiff in the trial court has filed this revision as against the order dated 6-1-1983 passed by the Additional Subordinate Judge, Cuttack in Title Suit No.25 of 1980/1982 rejecting the petition filed by the petitioner under O.14, R.2, Civil P.C. to decide issue No.3 as a preliminary issue. Issue No.3 is as follows : - "Does the suit abate in view of consolidation operation in the suit village?"

(2.) The petitioner's case is that he had purchased properties from opp. party No.1 who was defendant No. 1 in the trial court and had been allotted the properties in a previous mutual partition between defendants 1, 2 and 3. It is the petitioner's case that he had purchased the suit properties from the opp. party No.1. but however then he went to possess the property covered under the sale deed, he was prevented therefrom by opp. parties 2 and 3 and on the petitioner's approaching opp. party No.1, he pleaded his inability and hence the petitioner filed the suit for declaration of his half share in the suit properties.

(3.) Written statement was filed by the opp. party No. 1 stating that the sale in favour of the petitioner was a benami transaction and the properties are undivided joint family properties of opp. parties 1. 2 and 3 and since the opp. parties 2 and 3 created disturbance in the possession of opp. party No. 1, he, on the advice of the petitioner and his brothers, executed and registered a nominal and sham sale deeds in favour of the petitioner and his brothers without passing of any consideration and taking advantage of the same, the petitioner has filed the suit. Similar suits have also been filed by the brothers of the petitioner. Opp. Parties 2 and 3 in a separate written statement also supported the case of the opp. party No. 1.