MUNDRIKA CHOUDHARY Vs. BAIJNATH CHOUDHARY

JUDGEMENT

(1.) Defendants are appellants. The suit was filed for declaration that sale deed dated 4-5-1974 executed by plaintiff in favour of defendants for non-payment of consideration amount was invalid and order of mutation based on the said deed passed by Circle Officer was not binding on the plaintiff.

(2.) Admittedly, plaintiff had executed a sale deed on 4-5-1974 in favour of defendants, but they failed to pay the consideration money and as such on 27-10-1975 plaintiff cancelled the said deed and continued in possession of the land in question. Subsequently, he came to know that Circle Officer, Bisrampur, has allowed defendants'prayer for mutuation of their names in revenue records for the said land. Hence he filed objection but the same was rejected. Hence the suit.

(3.) Defendants contested the suit and asserted that plaintiff had received the entire consideration money and they came in possession over the land purchased by the sale deed dated 4-5-1974 and also got their names mutated in Register, the tenants Ledger maintained by the State.