SHANKAR POPAT GAIDHANI Vs. HIRAMAN UMAJI MORE

JUDGEMENT

(1.) This appeal arises out of a judgment and decree dated 14-12-1990 passed by the Bombay High Court in First Appeal No. 640 of 1979 affirming a judgment and decree passed by the Court of Civil Judge, Senior Division at Nashik in Special Civil Suit No. 57 of 1974.

(2.) The appellant herein is said to be an agricultural tenant and in occupation of the property in question admeasuring 4 acres, 16 gunthas being Gut No. 189 (survey Nos. 23/2 and 23/3) situated at Village Palse in the District of Nashik. The said property admittedly belonged to Original Defendant No. 1 (since deceased). On or about 2-7-1970, an agreement of sale was executed by him in favour of Defendant No. 7. Ganu Mahadu Gayakhe. The said agreement was cancelled. Defendant No. 1 thereafter agreed to sell the suit land to the Defendant No. 8 The said agreement was also cancelled by Original Defendant No. 1 and the amount of advance taken by him was repaid. He then entered into another agreement with the plaintiff in respect of the suit land, the consideration whereof was fixed at Rs. 20,000/-. By way of earnest money, a sum of Rs.10,000/- was paid by the plaintiff to Defendant No. 1 At the relevant time, Original Defendant No. 1 had taken a loan from the Land Mortgage Bank on the security of the suit land. From the amount he received from the plaintiff, Original Defendant No. 1 repaid his earlier loans. He thereafter allegedly received a sum of Rs.6,000/- from the plaintiff.

(3.) The co-sharers of the Original Defendant No. 1 by a notice to the plaintiff raised a contention that the said property is a joint family property and thus the said Defendant was not the sole owner thereof.