JUDGMENT :

Misra, J. - Plaintiff is the Appellant against a reversing judgment. He executed a registered sale deed (ext. C) on 17-2-1956 in favour of the Defendant for Rs. 100/-. His case is that the document is nominal, no consideration was paid and the possession remained with the Plaintiff. There was 3, proposal to get the marriage of his daughter with the Defendant and with that end in view the Defendant was kept in the Plaintiff's house as a Gharjoin (son-in-law). The daughter had not attained puberty, and as the Defendant pressed upon the marriage to be performed soon, the Plaintiff executed the document (ext. C) only to give the Defendant an assurance that the marriage would be performed.

2. The defence case is that in fact consideration was paid and possession was delivered. The Plaintiff actually gave his daughter in marriage to him, but later on got her remarried to one Krushna Chandra Panda.

3. The trial court accepted the Plaintiff's case and declared that the sale deed, ext. C, conveyed no title to Defendant which, is a nominal one. The lower appellate court held that ext. C was genuine and real, that Rs. 100/- was paid as consideration and the custody of the document cam