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1977 Supreme(MP) 34

J.P.BAJPAI
NARAIN NATHURAM – Appellant
Versus
PREMSINGH JAIRAM SINGH – Respondent


Advocates Appeared:
K.L.ISSRANI, R.P.Verma,

JUDGMENT :

( 1. ) THIS second appeal is at the instance of the plaintiff whose suit for possession of certain agricultural lands has been dismissed by both the Courts below.

( 2. ) THE case of the plaintiff was that the suit lands had been orally sold to him by the defendant in the year 1956 for a consideration of Rs. 350 and possession was also delivered in that year. However, a formal deed of sale was executed on 24th November, 1960 and was registered. According to the allegations made in the plaint, despite oral sale and delivery of possession in the year 1956, the defendant dispossessed the plaintiff in the year 1963. The defendant denied the oral sale and delivery of possession in the year 1956 and also of dispossession in 1963. According to the defendant, the plaintiff was never in possession. It was, however, admitted that on 24-11-60, a sale deed (Ex. P-1)was executed and registered for sale of the agricultural lands for a consideration of Rs. 350. However, soon after the execution and registration of the deed of sale, the parties discovered that the aforesaid transaction was void, being in contravention of the provisions of section 165 sub-section (4) clause (b) of the m. P.






















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