BHIMSEN TANTY ALIAS GANDA Vs. GHASSIA ORAM

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment. The suit was for declaration of right, title and interest, declaration that the sale deed no.1678 of 1980 as void, confirmation of possession and certain other ancillary reliefs.

(2.) Case of the plaintiff was that one Sriram Gardia was the owner of the suit land. He sold the suit property to the plaintiff by means of an unregistered sale deed dated 5.11997 for a consideration of Rs.1000/. Possession was delivered to him. Thereafter, he sold the suit land and other lands to the plaintiff by means of a registered sale deed dated 20.4.1990 for a valid consideration. Plaintiff made an application before the Addl. Tahasildar to mutate the land. The Addl. Tahasildar rejected the application on the ground that the suit land had been mutated in favour of defendant no.1. Plaintiff came to know that Sriram Gardia had executed a sale deed in respect of the suit land in favour of defendant no.1. Though notice was issued to the defendants, but then they chose not to contest the case and as such, were set ex parte. To substantiate the case, the plaintiff had examined one witness and on his behalf, six documents had been exhibited. Learned trial court came to hold that prior to execution of the sale deed vide Ext.3, the vendor had already executed a sale deed in favour of defendant no.1 on 9.11980. The plaintiff was not in possession of the suit land. Held so, it dismissed the suit. Unsuccessful plaintiff challenged the judgment and decree before the learned District Judge, Sundargarh in Title Appeal No.24 of 1998, which was eventually dismissed.

(3.) The second appeal was admitted on the following substantial question of law;