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1948 Supreme(Gau) 12

LODGE, THADANI
Bholai Phukan – Appellant
Versus
Lakhi Kanta Ahom – Respondent


Advocates Appeared:
S.K.Bhose , B.C.Bartta

The facts giving rise to this appeal are briefly these : The lands in suit originally belonged to Gunai, the father of the plaintiff who died in 1942. According to the plaintiffs, Gunai was insane for some years before his death, and the land was actually in possession of the plaintiffs. In 1942, the lands and the late Gunai were left in charge of the defendants; and the plaintiffs left for their 'pam' house in another locality. On the return of plaintiffs and on their demand for possession, the defendants alleged that they had purchased the land from Gunai.

[2] The defendants contested the suit denying that Gunai was ever insane and asserting that Gunai agreed on 11th June 1941 to sell the land to defendants, for a sum of Rs. 160 out of which Rs. 100 was to be paid there and then, and the balance Rs. 60 was to be paid before the next following Baisakh. The defendants further as­serted that the terms of the contract were reduc­ed to writing, though no registered deed of sale was executed, and the defendants were placed in possession of the property in execution of the contract. They further asserted that they paid Rs. 100 at the time of the contract, and that they paid the balance o















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