9911796707
TMI Blog2015 (6) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is requirement of any declaration under the law for devolution of the land and mutation to the sole legal heir - HELD THAT:- Admitted position of the case is that no sale deed was executed by the father of the plaintiffs to the defendant Section 54 of the Transfer of Property Act, 1882 provides that transfer of tangible immovable property of the value of one hundred rupees and upwards can be made only by a registered instrument. In case the value of the tangible immovable property is less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property and the delivery of tangible immovable property takes place when the seller places the buyer, or such person as he directs, in possessio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fs is that father of the plaintiffs, namely, Rajendra Deka and Gajia @ Gaji were brothers. Gaji was untraced for 30/35 years and as such the plaintiffs' father was possessing the entire land in K.P. No. 189 of Village-Narayanpur. There is 2 Bigha 9 Lecha, 1 Bigha 4 Katha and 1 Bigha 2 Katha 11 Lecha, in Dag Nos. 62,76 and 94 of K.P. No. 189, respectively, totaling 5 Bigha 2 Katha. Defendant has his land near the said plots of land in a different Dag and Patta. Father of the plaintiffs died about 4 years back from the date of filing of the suit, that is to say, around 1997. After demise of the father, plaintiff No. 2 was taking care of the suit land and while depositing land revenue, on 19.02.2001, he came to learn that defendant got his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the chitha. Rajendra had not made any objection in his life time in respect of the mutation and such mutation was effected long time before Rajendra had died. 4. On 16.11.2005, this court framed the substantial questions of law, which are as follows:- "1. Whether the findings substituted by the appellate Court to hold the possession of the defendant for 12 years adverse to the interest of the actual owner of the land inspite of admission of the defendant in cross examination as D.W.-1 that he was in possession for 8-9 years, is perverse findings and whether the findings of him can be substituted in place of the reasoned findings of learned Civil Judge, Jr. Division, Nalbari on this point? 2. Whether the adverse possession by d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Schedule 'Kha' land and he himself stated that since Gaji was missing for more than 7 years, Rajendra was having right, title and interest of the land of Gaji. Therefore, the learned lower Appellate Court was wrong in making an issue with regard to non-framing of issue regarding death of Gaji and in reversing the finding in issue No. 4 relating to right, title and interest of the plaintiff on that count, he submits. He contends that judgment of the learned lower Appellate Court is perverse and inconsistent finding was recorded by the learned lower Appellate Court inasmuch as it was also held that the father of the plaintiffs was the owner of the suit land, but the defendant acquired title on the basis of adverse possession. It is al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t filed by the defendant, the consideration amount was not specified. It was only indicated that reasonable consideration amount was paid. In cross-examination, he had indicated that on 16.10.1964, he had paid about 100/150 rupees and thereafter, he had made payment of further amounts towards the consideration amount. Therefore, it will appear that consideration amount was more than rupees 100 and no sale could have been effected in accordance with law without a registered instrument. Both the courts below had come to the conclusion that no effective sale had taken place to confer right, title and interest upon the defendant on the basis of the alleged oral sale. It also appears from the evidence of D.W.I that in the mutation case, no notic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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