MOTILAL SAHU Vs. UGRAH NARAIN SAHU

JUDGEMENT

(1.) This is a defendant's second appeal from the decision of the learned Additional Subordinate Judge of Arrah, dated 9th April 1947, reversing that of the Munsif of the same place dated 29th June 1946, in a suit for ejectment.

(2.) The plaintiffs-respondents instituted the suit for possession in respect of the southern portion of survey plot No. 71 in khata No. 199 of Tillage Nasriganj on the basis of a sale-deed admittedly executed by the defendant on 17th January 1941. The plaintiffs' case was that plaintiffs 2 to 4 having obtained the sale-deed executed another sale-deed in favour of plaintiff 1 on and July 1943, and thereupon the plaintiffs came in possession of the disputed property. Subsequently, the defendant dispossessed plaintiff 1. Hence, the suit for possession and mesne profits as also for injunction.

(3.) The suit was contested by the defendant on the ground that though he executed the sale deed on 17th January 1941, no consideration was paid for that deed with the result that the registered document remained with the defendant, and the transaction was never given effect to, as the intention of the parties was that the title would pass only upon payment of the consideration money.