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2017 Supreme(Ori) 86

A.K.RATH
Kanduri Charan Muduli – Appellant
Versus
Banambar Bhoi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.G.C. Das, Advocate
For the Respondents:Mr. B.H. Mohanty, Advocate

JUDGMENT :

Dr. A.K.Rath, J

Plaintiff is the appellant against an affirming judgment in a suit for declaration that the sale deeds executed in favour of the defendant no.3 by the defendant nos.1 and 2 on 15.12.1993 vide Exts.A and B are void and inoperative, for a direction to the defendant nos.1, 2 and 3 to execute a registered sale deed in favour of the plaintiff on receipt of balance consideration of Rs.700/-from him within the stipulated period and for permanent injunction.

2. The case of the plaintiff is that the defendant nos.1 and 2 were the owners of the suit land. They entered into an agreement with him on 10.04.1989 to sell the suit land. They received a sum of Rs.2500/-from him towards advance consideration. Delivery of possession of the suit land was made by the defendants 1 and 2. He applied before the Sub-Collector, Bhubaneswar seeking permission to sell the suit land in his favour and accordingly permission was accorded by the competent authority. It is further stated that the defendant nos.1 and 2 received a further sum of Rs.300/-towards balance consideration from him on 25.12.1989. In spite of receipt of the consideration amount in part and delivery of possession in p














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