GOHIL AMARSING GOVINDBHAI DECEASED THRO HIS HEIRS AND L R Vs. SHAH MANSUKHLAL CHHAGANLAL DECEASED THRO HEIRS AND L R

JUDGEMENT

(1.) The present Second Appeal is filed being aggrieved and dissatisfied by the judgement and decree dated 31/03/1978 passed in Civil Appeal No.40 of 1977 by the learned 2nd Extra Assistant Judge, Baroda, whereby the appeal was dismissed and the judgement and decree passed in Regular Civil Suit No.222 of 1973 by the learned Civil Judge (J.D.), Karjan, dated 18th December, 1976 was confirmed.

(2.) The plaintiff, respondent herein, filed Regular Civil Suit No.222 of 1973 to get the possession of the suit house from the defendant, appellant herein. It is the case of the plaintiff that he had good relations with the defendant and his family members from the time of deceased father of the defendant. As the plaintiff was in need of money, he demanded from the defendant. The defendant told the plaintiff to execute `an agreement to sale' of his house situated at "Brahman Vaas" at Village Dethan. On 29/12/1962, a document was executed wherein it is mentioned that the house of the plaintiff, having tin sheets along with "Vada" is agreed to be sold for a sum of Rs.1,200=00; and, that Rs.900=00 is paid as "Bana" amount and when the remaining amount is paid, the plaintiff will execute a sale deed. It is also mentioned that if the plaintiff repays the amount before execution of the sale deed, this document will not be used by the defendant; the possession of the house was given to the defendant in lieu of interest of Rs.900=00; and, as no "pakka" sale deed was executed, the defendant was served with a notice to act as per agreement dated 29/12/1962. The said notice was replied by the defendant refusing to hand over the possession of the suit-house to the plaintiff, hence, he filed the suit.

(3.) The controversy involved in the matter is centering around the relief sought for in the plaint. The plaint is produced at Exh.1, wherein prayer clause, paragraph 7, reads as under :