ARTA ROUT Vs. BHAGABAT BARAL

JUDGEMENT

(1.) THE plaintiff files this appeal against the reversing judgment of the Additional Subordinate Judge of Puri dismissing the suit fordeclaration of the title and confirmation of possession with regard to 1.64 acres of land situated in Apila.

(2.) THE plaintiff's case is that in order the screen the properties from his creditors he executed a nominal sale deed (Ext. 1/a) in favour of his sister's son (defendant No. 2) who resides jn another village; that he continued to be in possession of the properties till the date of filing of the suit; that the sale deed executed by him was in his custody; that he was paying the rent due on the lands and that defendant No. 1 took a sale deed (Ext. B/1) of these properties from defendant No. 2 and was threatening to dispossess him. Hence he filed the suit for declaration of his title to the properties and for confirmation of possession.

(3.) THE sale deed in favour of defendant No. 2 (Ext. 1/a) was executed by the plaintiff for a sum of Rs. 300/ - on 2 -12 -41. The sale deed in favour of defendant No. 1 (Ext. B/1) was executed by defendant No. 2 for a sum of Rs. 1000/ - on 29 -4 -50, Subsequent to the execution of this sale deed and within a month from that date, defendant No. 2 executed a deed of cancellation (Ext. 2) of the sale deed in favour of defendant No. 1 reciting in the same that in the sale deed (Ext. B/1) in favour of defendant No. 1 he intended to sell some other properties and not the properties actually conveyed under the said sale deed.