PADMA CHARAN SAHOO Vs. HURA SAHOO & ORS.

JUDGEMENT

(1.) This is an application under Art. 227 of the Constitution of India. The petitioner has challenged, inter alia, the order dated 23.6.2000 passed by the learned Civil Judge (Senior Division), Jagatsinghpur in T.S. No.125 of 1988. By the said order, learned trial court rejected the application of the petitioner to accept the document at the time of hearing of the suit.

(2.) Opposite party no.1 as plaintiff instituted T.S. No.125 of 1988 in the court of learned Civil Judge (Senior Division), Jagatsinghpur impleading the present petitioner and opposite parties 2 and 3 as defendants for declaration of title and permanent injunction. The case of the plaintiff is that Jhari Sahoo, father of defendant nos.2 to 4 had inducted defendant no.1 as a tenant in the year 1985. After his death, opposite party no.2 son of defendant no.2 realised the rent from the petitioner. While the matter stood thus, to press the legal necessity, the legal heirs of Jhari Sahoo transferred the suit schedule land in favour of plaintiff on 10.5.1988. When defendant no.1 disturbed in his possession, the suit was filed.

(3.) Pursuant to issuance of summons, defendant no.1 entered appearance and filed written statement denying the assertions made in the plaint. The case of the defendant no.1 is that Jhari Sahoo incurred a loan of Rs. 4500.00 from him in the year 1981 for the marriage ceremony of his daughter. Since loan was not paid, Jhari Sahoo entered into an oral agreement in the year 1982 with him to sell the land. After payment of Rs. 5500.00 towards rest consideration amount, possession was delivered. Further, Jhari Sahoo received a sum of Rs. 5000.00 from him for his treatment and executed a deed of agreement to sell the land in his favour. But then, after execution of the deed he expired. It is further stated that the defendant no.2 with an oblique motive executed a nominal and void sale deed in favour of the plaintiff, paternal uncle of defendant no.2. Neither any consideration money was paid nor any delivery of possession was made.