PABNI MAHTANI Vs. HARALAL MAHTO

JUDGEMENT

(1.) The appellant filed Title Suit No. 220 of 1963 for declaration of her title and recovery of possession with respect to 1.78 acre of land fully described in the plaint which was decreed by the trial court. The defendants filed an appeal which was heard by the Additional Subordinate Judge, Dhanbad, and was allowed and the suit dismissed by the impugned decision. The plaintiff has now come to this Court in second appeal.

(2.) The disputed property belonged to Bagi Mahto impleaded as defendant No. 1 in the suit who executed a registered sale deed dated 30 -12 -1955 in favour of the plaintiff for a consideration of Rs. 600/ -. The plaintiff claims to have come in peaceful possession of the land. She complains that her possession was illegally disturbed by defendants 2 to 4 on the basis of an usufructuary mortgage executed subsequently. The defendants pleaded that the plaintiff did not acquire any title under the sale deed, Ext. A (3), executed by defendant No. 1 because the transfer of title was dependant on passing of the consideration and on the plaintiff's failure to pay the same the sale deed was cancelled. It was stated that the plaintiff never came in possession of the land at any point of time and the sale deed referred to above was not acted upon. The plaintiff's case of payment of sale price subsequent to the registration of the document was denied,

(3.) The trial court agreed with the plaintiff, but the lower appellate court after considering the entire evidence on the record accepted the defence case and dismissed the suit.