Judgement

MOHAPATRA, J. :- This second appeal is by defendants 1, 6 and 7 against the confirming judgment of Sri I. C. Misra, Subordinate Judge of Balasore, arising out of a suit brought by the plaintiffs for declaration of title and for possession in respect of three schedules of lands described in the plaint. It is the case of both parties that defendant No. 1 Kara Bewa inherited the properties on the death of her husband Ranka Barik. The plaintiffs base their title on a registered sale-deed (Ext. A) dated 19-5-1949, conveying the entire properties for a consideration of Rs. 200/-. On 8-7-1949 she cancelled the document (Ext. A) by a registered cancellation deed (Ext. B) stating therein that the consideration money was not paid by the vendees as agreed. On 19-9-1949 she sold these properties by another registered sale-deed (Ext. C) in favour of defendants 6 and 7.

2. The defence is that title had not passed in favour of the plaintiffs on the basis of the earlier document as the intention of the parties to the document was to the effect that title would not pass unless consideration is paid. It was further urged by defendant No. 1 that the plaintiffs had contracted to pay a sum of R