BHIM MANDAL Vs. MAGARAM CORAIN

JUDGEMENT

(1.) This appeal by defendant 1 is from a judgment of affirmance decreeing the plaintiff's suit.

(2.) The facts are simple, and may, briefly, be stated as below :

(3.) On the 24th October 1942, the plaintiff is alleged to have sold the land in suit to defendant 1, appellant, under a registered sale deed, Ext. A, for a sum of Rs. 99/-. The plaintiff, thereafter, brought a suit, out of which the present appeal arises, on the 29th June, 1954, for a declaration that at the time of the execution of the impugned sale deed, Ext. A, he was a minor, being then only 17 years 5 months old, and, therefore, it was void and it conferred no title on the defendants. (3a) The suit was contested by the defendant-appellant, according to whom, the plaintiff on the day of execution of the disputed sale deed, Ext. A, was aged 24 to 25 years, and, not 17 years 5 months, as alleged by him, and the sale was valid.