HEMESWAR BARUA Vs. POAL CHANDRA BORA

JUDGEMENT

(1.) The plaintiff-appellant bought the suit land by two separate kobalas from Mt. Abari Defalani, defendant 2, of Suit No. 739, and from Taran Dafla defendant 2, of Suit No. 752 in April 1923. But defendant 1 prevented him from taking possession of the land saying that he had bought it from the Daflas some years earlier. So the plaintiff filed two suits for declaration of title and delivery of possession. His kobalas are registered kobalas although they did not require registration, the consideration being Rs. 80 in the one and Rs. 20 in the other.

(2.) Defendant 1 says that he bought the suit land in April 1918 from two vendors of the plaintiff and a third Dafla named Hari for Rs. 180. But the sale-deed is unregistered. He has, however, possessed the land and paid Government revenue for it ever since his purchase.

(3.) The Daflas left the village, at about the time of the sale to defendant 1. The Court of first instance found that defendant 1 was in possession by virtue of his purchase and that the plaintiff was aware of the sale to him and of his possession at the time when he bought the land. The plaintiff paid a very low price and registered the two kobalas unnecessarily because he knew of defendant 1's purchase and wanted to defraud him.