KANDURI CHARAN MUDULI Vs. BANAMBAR BHOI & OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against an affirming judgment in a suit for declaration that the sale deeds executed in favour of the defendant no.3 by the defendant nos.1 and 2 on 15.12.1993 vide Exts.A and B are void and inoperative, for a direction to the defendant nos.1,2 and 3 to execute a registered sale deed in favour of the plaintiff on receipt of balance consideration of Rs.700/- from him within the stipulated period and for permanent injunction.

(2.) The case of the plaintiff is that the defendant nos.1 and 2 were the owners of the suit land. They entered into an agreement with him on 10.04.1989 to sell the suit land. They received a sum of Rs.2500/- from him towards advance consideration. Delivery of possession of the suit land was made by the defendants 1 and 2. He applied before the Sub-Collector, Bhubaneswar seeking permission to sell the suit land in his favour and accordingly permission was accorded by the competent authority. It is further stated that the defendant nos.1 and 2 received a further sum of Rs.300/- towards balance consideration from him on 25.12.1989. In spite of receipt of the consideration amount in part and delivery of possession in pursuance of the agreement, the defendants 1 and 2 avoided to execute the registered sale deed in his favour. Instead they executed fake sale deeds in favour of the defendant no.3 on 12.8.1993. It is further stated that soon after delivery of possession, he developed the nature of the suit land and only to harass the plaintiff, they have executed the sale deeds in favour of the defendant no. 3.

(3.) Pursuant to issuance of summons, defendants entered appearance and filed a written statement denying the assertions made in the plaint. It is stated that defendant no.1 was in need of money for the marriage of his daughter. To press the legal necessity, he sold the suit land to the defendant no. 3 by executing the sale deed. The defendant no.2 was also in need of money for construction of a new building and sold his land in favour of defendant no.3 by executing the sale deed. They both delivered possession of the suit land in favour of defendant no.3 who is in peaceful possession of the same. The plaintiff with a view to harass them has filed the suit.