( 1 ) THIS Letters Patent appeal under Clause 10 has been filed against the judgment of a Single Judge of this Court, delivered on 15-7-1958. The suit out of which this appeal arises was filed by the respondent Punau against the appellants Sukaloo and Mst. Dukala for recovery of damages for removal of crop from the suit filed for the year 1950-51.

( 2 ) IT is not disputed that the field in dispute belonged to one Bhikmanga. He married Mst. Sukwaro in churi form. At that time, the respondent Punau was less than a year old and he came to live along with his mother with Bhikmanga, who brought him up as his own son. Bhikmanga died in 1947 leaving behind him his widow Mst. Sukwaro, who died in 1951. Appellant No. 1 Sukaloo is Bhiknianga's father's brother's grandson and appellant No. 2 Mst. Dukala is his wife.

( 3 ) THE plaintiff's case was that on 8-2-1948 Bhikmanga had executed a sale-deed in respect of the suit land in his favour for Rs. 4000/- and had delivered possession of the same to him. In 1950-51, the defendants forcibly removed the crop which he valued at Rs. 700/ -.

( 4 ) THE defendants denied the sale-deed and pleaded that it was without consideration. They