LAXNAN MANKAR KASAR Vs. RAVJI DHANSING PATIL

JUDGEMENT

(1.) The few facts which have given rise to this appeal are these. The original owner of the property orally sold the land in suit to defendant No. 1 on July 4, 1911 for Rs. 150. The defendant No. 1 was put in possession and the consideration was paid, but there was no registered conveyance to complete the sale as required by Section 54 of the Transfer of Property Act. On January 19, 1920, the owner, who is defendant No. 2, sold this very land to the present plaintiff for Rs. 1,000. In that sale-deed there is the following recital: In all Rs. 1,000 I have received as consideration. By this document I permanently sell to you for the above amount the below-mentioned immoveable property consisting of one field called Sonare (being) Jirayit land belonging to me by right of ownership which has now been given under oral sale to Ravji Dhansing Patil has been in his possession and enjoyment.

(2.) It also appears that in 1911 when there was this oral sale without the necessary conveyance, there was mutation of names in favour of defendant No. 1.

(3.) The present suit was filed by the plaintiff on June 1, 1920. He based his claim on the sale-deed in his favour by defendant No. 2, and he was prepared to pay to defendant No. 1 Rs. 150 in pursuance of the conditions in his sale-deed, admitted to have been received by defendant No. 2 from defendant No. 1.