AHMADELLAH Vs. MAFIZUDDIN AHMAD AND ANOTHER

JUDGEMENT

(1.) THIS judgment will cover two appeals, namely, S. A. Nos. 16 and 17 of 1970, arising out of Civil Appeals Nos. 19 & 27 of 1969. respectively, in the Court of the District Judge, Manipur, which were disposed of by a common judgment and which arose out of the same suit namely, T. S. No. 173/62/8 of 1965 in the Court of Munsiff (II), Manipur, filed by the present respondents.

(2.) THE plaintiff's case, in brief, was that the suit land as described in She Plaint, originally belonged to Kamal -ud -din, who is the younger brother of plaintiff No. 2. Kamal -ud -din sold the land to Obedulla the father of the defendant, under a registered sale deed, which was purported to be executed in favour of the defendant who was then a minor. Sometime after this purchase, Obedullah sold the land allegedly on be half of the defendant to one Ali Mia by A registered sale deed dated 2 -9 -1952 for due consideration and for legal necessity, that is, to meet the educational expenses of the defendant, who was then reading in School and delivered possession,

(3.) UPON the pleadings, as many as 8 issues were framed including the following two issues, which were issue Nos. 3 and 8 respectively: