CHANIRAM SAHU Vs. SAMARU NAG

JUDGEMENT

(1.) This is a plaintiff's second appeal against the decision of the lower appellate court dismissing the suit on reversing that of the trial court.

(2.) The appellant filed Title Suit No. 8 of 1974 in the court of the Munsif, Patnagarh against the respondents for declaration of title over the suit land, for recovery of possession of the same from the defendants in the alternative for recovery of the sum of Rs. 500/-, the consideration money under the sale deed in question. The respondents 1 to 8 were impleaded as defendants in the suit. The plaintiff's case in brief was that the suit land belonged to defendants 2, 3 and 4 who got it by gift from their mother, defendant 5. Defendant 1 father of defendants 2 to 4 as the guardian of his minor sons sold the suit property to the plaintiff by registered sale deed dt./- 27-12-66 (Ext. 1). According to the plaintiff, after defendants 2 and 3 attained majority, defendants 6 to 8 in collusion with defendant 1 got a sale deed executed on 16-3-71 (Ext. A) by defendants 2 and 3 and defendant 5 as the mother guardian of defendant 4, in their favour. Armed with the said sale deed defendants 6 to 8 created disturbance in peaceful possession of the plaintiff for which a proceeding under S.145 Cr. P.C. was started. The said proceeding having terminated in favour of defendants 6 to 8 the plaintiff filed the suit for the reliefs noticed earlier.

(3.) Defendants 6 to 8 contested the suit mainly on the grounds that the sale deed executed by defendant No. 1 in favour of the plaintiff conveyed no title since it was not backed by legal necessity or benefits of the minors; that no prior permission of the District Judge was taken before executing the sale deed; and that the sale being a voidable one, defendants 2 and 3 on attaining majority, avoided it by executing the subsequent sale deed. According to the defendants possession of the property was not delivered to the plaintiff.