S.S.M.QUADRI, K.VENKATASWAMI
Bishundeo Narain Rai – Appellant
Versus
Anmol Deviand – Respondent
Judgment
Quadri, J.-This appeal raises the question: whether on the facts and in the circumstances of the case, sale deed dated April 30, 1963 (Exhibit-C) executed by the first defendant group in favour of the plaintiffs conveyed absolute title to and interest in the suit property.
2. The facts which gave rise to this question may be noticed here.
3. The plaintiffs (Predecessors-in-interest of the appellants, hereinafter referred to as ‘the first purchasers’) purchased land measuring 9 bighas 17 kathas and 12 dhoors, (hereinafter referred to as ‘the suit property’) from Defendant No. 1 as Karta of H.U.F. and its members (Predecessors-in-interest of Respondents 6, 7, 9, 10 and 11, hereinafter referred to as ‘the vendors’) under the registered sale deed dated April 30, 1963 (Exhibit-C). On the alleged ground of the first purchasers not paying the entire consideration amount the vendors by a registered document dated June 19, 1963, Exhibit-H, purported to cancel Exhibit-C, and on July 8, 1963 executed a second sale deed, Exhibit C/1, in favour of respondents 1 to 5 (hereinafter referred to as ‘the second purchasers’). Coming to know of these facts, the first purchasers filed Title Su
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