Judgement

JUDGMENT :- Defendants have carried this appeal against the reversing judgment and decree of the learned Subordinate Judge of Parlakhemundi in a suit for declaration of title, confirmation of possession and other consequential reliefs.

2. According to the plaintiff, the disputed property which is an acre of land originally belonged to defendant No 1, On 19-3-1964, defendant No. 1 entered into an agreement (Ext. 1) with the plaintiff for sale of six acres of land -three acres of cultivable land and three acres of podor land - for a total consideration of Rs. 3,300/- out of which Rs. 1,200/- was paid by way of part payment and it was stipulated that the document would be registered within two months on payment of the balance consideration. The property was then under a mortgage and by arrangement with the mortgagee, plaintiff was put in possession of the property covered by the agreement of sale. Defendant No. 1 avoided to complete the deal. Subsequently plaintiff found out that defendant No. 1 had gifted away the properties in favour of his wives - defendant No. 2 and Lalitamma. When plaintiff pressed for the document, defendant No. 1 absconded and the sale contemplated unde