BILAT DAS Vs. BABUJI DAS

JUDGEMENT

(1.) This second appeal by the defendants-appellants against the judgment of reversal can be disposed of on a short point, namely, whether the suit instituted by the plaintiff-respondent is barred by limitation.

(2.) The plaintiff owned certain lands. The defendant no. 1 negotiated for purchase of this land. The plaintiff agreed to convey the same for a consideration of Rs. 400. The sale-deed (Exhibit 3) dated 3rd May, 1960 was executed by the plaintiff with respect to that land. Plaintiff alleged that the consideration money of this deed was not paid to him. This led him to cancel that deed by executing a deed of cancellation (Exhibit 4) dated 20th September, 1962. It appears that defendant no. 1 did not give up possession. This led to a proceeding under the Code of Criminal Procedure, which was ultimately decided in favour of defendant no. 1. It in these circumstances that the plaintiff instituted the instant suit on 2nd June, 1965 for the following reliefs :

(3.) Defendant no. 1 contested the suit alleging, inter alia, that the impugned sale-deed was executed for consideration and conferred absolute title to him.