SUDHINDRA @ RAGHAVENDRA Vs. LAXMAN

JUDGEMENT

(1.) These four appeals arise out of the common judgment, passed in R.A.Nos.10 and 11/2006, by the Court of Principal District Judge, at Bijapur, dated 30.01.2010 by which, the common judgment passed by the I Addl. Civil Judge (Sr.Dn.), Bijapur, dated 02.02.2006, in O.S.Nos.394 and 395/2005 has been confirmed.

(2.) For the sake of convenience, parties herein shall be referred to, in terms of their status before the trial Court. But as there were two suits filed by the same plaintiff - Jayakrishna against two separate purchasers, namely Shantappa Kallappa Kamati and Laxman Kallappa Kamati, any reference to the first defendant in the respective suits shall imply a reference to the said persons. Defendant Nos.2 and 3 are common in both the suits, they are none other than the grand-son and daughters of the plaintiff - Jayakrishna.

(3.) In both the suits, the plaintiff - Jayakrishna has sought for a direction to the defendants to execute re- conveyance deed by receiving a sum of Rs.82,500/-, payable to defendant No.1, in both the suits and to return possession of the land, purchased by them on receipt of the said amount. According to the plaintiff, he is the owner of C.B.No.177/1, totally measuring 34 acres 10 guntas, situated at Chanegaon Village, Indi Taluk. Defendant No.2 acquired the joint ownership to an extent of half share in the above land from his maternal grand-mother Smt.Laxmibai, under M.E.No.15670, when defendant No.2 was a minor, who was represented by his guardian, mother Kalavathi, who is defendant No.3. The plaintiff and defendant No.2 through defendant No.3, were in joint possession and enjoyment of the suit property. 05 Acres of the said land was sold in favour of defendant No.1 - Shanthappa in O.S.No.394/2000 and a similar extent was sold in favour of defendant No.1 in O.S.No.395/2000, by registered sale deeds dated 20.02.1997. According to the plaintiff, the said sale deeds were nominal, they were a security for the loan of Rs.82,500/- advanced by defendant No.1, in both the suits to the plaintiff. That in the year 1996, plaintiff was in need of money for his medical expenses and improvement of the land, he approached defendant No.1 in both suits seeking advancement of loan. Defendant No.1, in both the suits agreed to advance the loan with a condition that plaintiff and defendant No.3 to execute a sale deed in their favour as security of the loan to an extent of 05 acres each. Accordingly, the sale deeds were executed in favour of defendant No.1 in both the suits. That the defendant No.1 in both the suits, were to enjoy the income from the said property, for a period of three years in lieu interest on the amount advanced to plaintiff by defendant No.1, in both the suits. It was further agreed that when the plaintiff returns the said amounts to defendant No.1 in both the suits, they would re-convey the properties in favour of plaintiff and defendant No.2. That after an expiry of three years, in the month of October 2000, plaintiff and defendant No.2 along with witnesses went to the house of defendant No.1, in both the suits and requested for re-conveyance of the suit lands in favour of plaintiff and defendant No.2, by receiving Rs.82,500/-. Defendant No.1 in both the suits are residing in Shegaon Village, Akkalkot Taluk. That according to the plaintiff, he and defendant No.2 never executed any sale deed and that the amounts received was by way of loan and therefore, plaintiff sought for re-conveyance of the suit lands in his favour and in favour of defendant No.2.