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1995 Supreme(Ori) 169

ARIJIT PASAYAT
BASANTI MOHANTY – Appellant
Versus
BRAHMANAND DAS – Respondent


Advocates Appeared:
B.DAS, B.M.MOHANTY, D.DEV, R.K.Nayak, S.R.Patnaik, U.S.PATNAIK

PASAYAT, J.

( 1 ) PRESENT appeal is directed against the judgment dated 18-8-1983, and consequential decree passed by the learned Subordinate Judge, Jagatsinghpur (as was then designated) in Title Suit No. 61 of 1982, where the reliefs sought for were for declaration of title, confirmation of possession, and in the alternative for recovery of possession.

( 2 ) POSITION of the parties in the present appeal vis-a-vis the suit is as follows:appellant was defendant No. 2 in the suit; respondents 1 to 3 were plaintiffs in the Court below and respondent No. 4 was defendant No. 1.

( 3 ) PLAINTIFFS' case in essence was as follows:defendant No. 1 being owner of the suit land transferred the same by a registered sale deed dated 7-6-1982 to the plaintiffs for a consideration of Rs. 5,000/ -. There was an agreement between the vendor and the vendees that plaintiff No, 1, who was staying at Calcutta, shall pay consideration money after his return therefrom. The sale deed was executed and registered with a condition that the consideration money shall be paid at the time of endorsement of the registration ticket, after registration of the deed. On 8-6-1982 no intimation could be given to the p





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