SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1969 Supreme(Ori) 101

S.K.RAY
SUSILA DEI – Appellant
Versus
SRIDHAR RAUTRAY – Respondent


Advocates Appeared:
J.M.MITRA, S.C.GHOSH

S. K. RAY, J.

( 1 ) DEFENDANTS 2 to 4 are the appellants. This appeal is directed against the reversing judgment of Sri S. N. Misra, 3rd Additional Subordinate Judge, Cuttack, dated 13-11-64, passed in Title Appeal No. 180/83 of 1963-64.

( 2 ) PLAINTIFFS filed the suit for declaration of title in respect of the suit land purchased by them under a registered kabala dated 28-10-53 from late Durga charan Das, father-in-law of defendant 2 and grandfather of defendants 3 and 4, and for recovery of possession, or in the alternative, for refund of consideration money of Rs. 200/ -.

( 3 ) THE defendants raised various defences. They contend that the plaintiffs' vendor had, previous to the plaintiffs' sale-deed, sold the same to defen-dant-1. The sale-deed in favour of defendant-1 was executed on 14-10-53 and registered on 3-1153. As title upon registration, is deemed to pass with effect from the date of execution of the sale-deed, defendant-1 must be held to have acquired title to the suit-property with effect from 14-10-53. If that is so, Durga Charan had no more interest in the suit-property for conveyance under the plaintiffs' sale-deed dated 28-10-53.

( 4 ) THIS contention of the d












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top