BHASKAR CHANDRA DAS Vs. LAMBODAR JENA

JUDGEMENT

(1.) Defendant nos.2 to 4 are the appellants against the confirming judgment.

(2.) The case of the plaintiff-respondent no.1 was that Umesh Chandra Mangaraj Mandhata Mohapatra, defendant no.1, was the Zamindar of the village. He was working as a labourer in the farm of defendant no.1. The defendant no.1 expressed his intention to sell the suit land as well as other lands. He agreed to purchase some land individually as well as jointly with his brother. In course of time some properties were purchased jointly. So far as the suit land is concerned, he fell short of consideration amount. But then, it was agreed upon that consideration amount would be paid at the time of endorsement of the registration ticket. The sale deed was scribed on 8.8.1977. The same was registered with the understanding that payment of consideration would be deferred. Possession of the land was delivered to him. Subsequently, in March, he paid Rs.300/- out of the total agreed consideration of Rs.600/- and requested for some time. At that time defendant no.1 insisted that he should pay Rs.200/- more inasmuch as he was in possession of the land with the paddy crops standing on it. After persuasion, defendant no.1 agreed to take Rs.100/- more. Defendant no.1 retained the sale deed without endorsing the registration ticket in his favour. He was in possession of the land. When defendant nos.2 to 4 threatened to dispossess him, he filed the suit for declaration of title, confirmation of possession and in the alternative for recovery of possession.

(3.) Defendant nos.2 to 4 filed the written statement pleading inter alia that the sale deed executed in favour of the plaintiff is inoperative. Passing of title was dependant on the passing of consideration. As the plaintiff had not paid the consideration amount, he had not acquired the title over the suit land. The plaintiff was never in possession of the suit land. The document executed in their favour is supported by consideration. After execution of the sale deed in their favour, possession was duly delivered to them. They are in possession of the suit land.