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1949 Supreme(Kar) 1

VENKATA RAMAIYA, PUTTARAJ URS
DODDAMADIAH – Appellant
Versus
MALLAPPA – Respondent


RAMAIYA, J.

( 1 ) THIS is an appeal by the defendants in a suit for possession of a house conveyed by them under a registered sale deed to the plaintiff. Out of the consideration of Rs. 800/- mentioned in the sale deed Rs. 400/- was paid on the date of the document. Towards the balance of Rs. 400/- Rs. 185/was payable at the time of registration and Rs. 215/- had to be paid to one Nanjundaradhya a prior mortgagee of the property. Exhibit E is the sale deed dated 19/2/1944 and Exhibit E (1) is the consideration receipt for payment of Rs. 400/- executed by the defendants on the same day. Possession of the property was not delivered to the plaintiff and one of the terms of the sale deed is that the defendants could remain in possession of the same for 3 months within which they had to construct a new residence. The defendants while admitting the execution of the sale deed and the consideration receipt pleaded that the sale was cancelled by means of the document, Exhibit i, dated 8/5/1944 wherein the plaintiff admitted repayment of Rs. 400/- paid by him on the date of sale and that the sale was cancelled. He also promised not to present the sale deed for registration. Exhibit II is th



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