VIJYA KUMAR Vs. SUKHDEV

JUDGEMENT

(1.) Leave granted.

(2.) The plaintiff in a suit for recovery of possession of agricultural land as fully described in the plaint (hereinafter referred to as "the suit land" ) is the appellant before us. The plaintiff/appellant instituted the suit for recovery of possession of the suit land on the basis of a sale deed dated 13th of July, 1992 executed by the defen dant/respondent in his favour. The respondent, however, in his written statement raised the plea that the transaction in question was not out and out sale but it was a loan in substance. The trial court decreed the suit holding that the transaction was an out and out sale.

(3.) In appeal, the Appellate Court, however, reversed the judgment of the trial court and dismissed the suit. Feeling aggrieved, the plaintiff/appellant filed a Sec ond Appeal in the High Court of Judicature of Bombay at Nagpur Bench, which also affirmed the judgment of the appellate court. The plaintiff/appellant, feeling ag grieved by the decision of the High Court in the Second Appeal, has filed a Special Leave Petition, which on grant of leave, was heard in presence of the learned counsel for the parties.