KALI CHARAN RAJ BONGSHI Vs. ROHESWARIPRIYA RAJ BONGSHI

JUDGEMENT

(1.) THIS is an appeal by the plaintiff, whose suit was partially decreed by the trial court but dismissed in entirety by the appellate court in the First Appeal.

(2.) THE defendant filed a written statement and contested the suit alleging, inter alia, that she did not sell any land to the plaintiff under dag No. 828. She, however, admitted that on 20 -11 -1967 she sold 1 katha 10 lechas of land to the plaintiff under registered sale deed tn dag No. 813. The fact that she caused obstruction in the possession of the plaintiff over the suit land was also denied. The suit was also resisted on same other technical grounds with which we are not concerned in this Second Appeal.

(3.) ON a consideration of the evidence adduced by the parties, the learned Munsiff held that the defendant had actually sold 1 katha 10 lechas of land in dag No. 813 and not 2 kathas 10 lechas of land in dag No. 828, as alleged by the plaintiff. He further found that the plaintiff in collusion with a peon of the Sub -Registrar's Office tampered with the sale deed as well as with the Register in the office of Sub -Registrar, altering dag No. '813' into dag No, 828' and the area '1 katha 10 lechas' Into '2 kathas 10 lechas'. However, in view of the admission made by the defendant that she had sold 1 katha 10 lechas of land to the plaintiff in dag No. 813 under a registered sale deed on the same date, the Munsiff decreed the suit for this land, although the plaintiff did not seek any relief in has plaint for any land an that dag.