SUSILA DEI Vs. SRIDHAR RAUTRAY

JUDGEMENT

(1.) DEFENDANTS 2 to 4 are the appellants. This appeal is directed against the reversing judgment of Sri S. N. Misra, 3rd Additional Subordinate Judge, Cuttack, dated 13-11-64, passed in Title Appeal No. 180/83 of 1963-64.

(2.) PLAINTIFFS filed the suit for declaration of title in respect of the suit land purchased by them under a registered kabala dated 28-10-53 from late Durga charan Das, father-in-law of defendant 2 and grandfather of defendants 3 and 4, and for recovery of possession, or in the alternative, for refund of consideration money of Rs. 200/ -.

(3.) THE defendants raised various defences. They contend that the plaintiffs' vendor had, previous to the plaintiffs' sale-deed, sold the same to defen-dant-1. The sale-deed in favour of defendant-1 was executed on 14-10-53 and registered on 3-1153. As title upon registration, is deemed to pass with effect from the date of execution of the sale-deed, defendant-1 must be held to have acquired title to the suit-property with effect from 14-10-53. If that is so, Durga Charan had no more interest in the suit-property for conveyance under the plaintiffs' sale-deed dated 28-10-53.