BALARAM Vs. NAKTU

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the Court of the Judicial Commissioner of the Central Provinces reversing a judgment and decree of the Court of the Additional District Judge of Bhandara in Suit No. 63 of 1921.

(2.) The facts out of which the suit arose are as follows:

(3.) Mauza Chulod in Pergatma Kampta, District Bhandara, C.P. was put up for auction sale by the Collector under a decree obtained by R.B. ludraraj Bhao, Zemindar of Kampta, against the sub-proprietors of Chulod who had failed to pay him the revenue, cesses and niaiikana payable by them under the C.P. Land Revenue Act. On October 28, 1907, it was knocked down to Naktu for Rs. 3,810, of which Ks. 1,000 were paid at once and Rs. 2,810 on November 12, 1907. The sale was confirmed in due course on December 5, 1907, and sale certificate issued to who was put in possession by the Court Officer, on June 5, 1908. On October 27, 1919, i. e., just one day short of twelve years Lord sinha after the auction sale, one Bhikha filed this suit, being suit No. 63 of 1921, in the District Court of Bhandara against Naktu and his sons, alleging that he was the real purchaser, that both the sums which made up the purchase money were found by him and that Naktu, his brother-in-law (sister's husband) was his agent in the matter of the purchase, and though instructed to purchase the property in his, i. e., Bhikha's name, had purchased it in his own; also that before the balance of the purchase money, viz., Rs. 2,810 was paid by him, Naktu wrote him a letter dated November 4, 1907, promising to convey the property to him whenever asked to do so.