RAJKUMAR SINGH Vs. UCHIT TATWA

JUDGEMENT

(1.) The pltf has filed this appeal against the judgment & the decree of the Addl Subordinate J., Bhagalpur, reversing those of the Munsif of Madhipura.

(2.) The pltf filed the suit for declaration of his title to & recovery of possession of 13 kathas & 8 dhurs of land out of an area of 1 bigha 5 khata which he claimed to have been sold to him by a registered sale deed dated 12-1-1948. There are some other facts relevant to the case which may shortly be stated as follows. One Janak & his cousin Uchit jointly took settlement of about 3 bighas 9 kathas 18 dhurs of land in the name of Janak. On 8-12- 194V, Janak sold 1 bigha 5 kathas to the deft for Rs. 1000/-. The deft was to discharge the mtge debt over this property which was en cumbered by a mtge transaction dated 29-4- 1940, for a sum of Rs. 200/-. The pltf was the mtgee under the said mtge bond. The case of the pltf is that after the execution of the sale deed on 12-1-1948, he paid Rs. 313/- in cash, Rs. 337/- was to be set off towards the dues of the mtge bond of 29-4-1940, & Rs. 50/- was to be paid at the time of receiving the receipt from the deft. As the pltf fell short of the amount of Rs. 50/- at the registration office, he agreed to pay it to the deft at the village & get back the receipt.

(3.) It appears that there developed some es tranged feeling between the pltf & the deft on 12-1-1948, which appears from the circumstances enumerated below. On 13-1-1948, the deft lodged a sanha at the police station which runs as follows: "Entry No. 177 at 12 hours. Uchit Tatwa, son of Bansi Tatwa of Dhurgaon Mainirathi reported that his one head of bullock of the following description strayed from Madhipura since 12-1-1948." The sanha thereafter gave the description of the bullock, its price being mentioned as Rs. 250/-. On 13-1-1948, a notice (Ex. 4 C on the record) was sent to the pltf by a pleader on behalf of the deft calling upon him to pay Rs. 250/- as the price of the bullock which the pltf had borrowed from the deft & which, according to the information of the pltf had strayed away. On 20-1-1948, a notice was given by a pleader of the deft calling upon the pltf to pay the consideration money of Rs. 600/-. The relevant portion of the notice runs as follows: