KARIO ORAMIN @ ORAM AND ORS. Vs. NISHIKANTA KHALKHO

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 30.7.2007 passed by the learned Addl. District Judge, Rourkela in RFA No. 6 of 2005.

(2.) THE facts of the case as narrated in the records are as follows:

(3.) BEING aggrieved by the said Judgment and decree, Plaintiff preferred the first appeal and the lower appellate Court formulated an issue whether Lalu Oram had voluntarily executed the registered sale deed in respect of the suit land in favour of Sarat Oram who was a fictitious person and not in existence and on that point it has come to the findings that record -of -right in respect of suit land stood recorded in the name of Sarat Kumar Oram. P.Ws. 1, 3 and 4 being the local person, there is nothing on record to show that they are giving evidence against the Defendants who are their co -villagers or relatives. It further found that the learned Civil Judge erred in law in treating the transaction between Lalu Oram and Sarat Kumar Oram as a fake and fraudulent one and on the said finding it formulated an issue that if Sarat Kumar Oram is a fictitious person and the transaction made between Lalu Oram and Sarat Kumar Oram is fraudulent one and Bhikari Charan Matgajsing is a real beneficiary then the trial Court should give the finding on the said issue. As the trial Court did not give any verdict regarding the genuineness of the pleadings in this regard, it has come to a conclusion that the sale deed executed by Lalu Oram in favour of Sarat Kumar Oram is not proved beyond all reasonable doubt. On the aforesaid findings, the lower appellate Court set aside the impugned Judgment and decree passed by the learned Civil Judge and remanded the suit for fresh adjudication after giving opportunity of hearing to the parties to adduce evidence on the point raised.