PATEL SHANTIBHAI DEVABHAI Vs. PATEL KIRANKUMAR BABULAL

JUDGEMENT

(1.) BY the consent of learned advocates for the parties, present Appeal From Order is taken up for final hearing.

(2.) CHALLENGE in this Appeal From Order is the order passed below Exhibit 5 in Special Civil Suit No.147 of 2011 by the learned 2nd Additional Senior Civil Judge, Mehsana, on 10.5.2012, whereby learned Trial Judge refused to grant relief of injunction restraining the respondent (original defendant) from transferring, gifting, mortgaging or selling in any manner the shop Nos.12 and 13 constructed on plot Nos.1 and 2 in Revenue Survey No.698, more particularly, known as Sahara Township pending final hearing of the suit.

(3.) AFTER hearing the submissions made by the learned advocates appearing for the parties at length, it is admitted fact that the appellant plaintiff has paid consideration of Rs.2,25,000/ - to the respondent. According to the sale agreement dated 29.11.2010, total consideration was of Rs.6,25,000/ -. On perusal of para 16 of the reply/written statement, it is the case of the respondent defendant that the appellant plaintiff was required to file income -tax return and as he wanted to show the amount paid towards the suit shops, he requested to issue kachcha receipt of Rs.3 Lacs consisting of Rs.1,50,000/ - dated 15.12.2011, Rs. 1 Lac dated 1.2.2011 and Rs.50,000/ - dated 6.3.2011. As per the say of defendant, as the plaintiff belongs to his caste, he relied upon him and at that time, the plaintiff further assured that within two months, he would pay the entire balance amount and at that time, appropriate receipts may be passed. So, in nutshell, the question involved in this Appeal, is as to whether the defendant has received Rs.3 Lacs on the dates recorded herein above or it was an arrangement to accommodate the plaintiff in the matter of income tax, such kachcha receipts were issued.