MANUBHAI AMBALAL PATEL Vs. BALDEVBHAI SHIVABHAI PRAJAPATI

JUDGEMENT

(1.) The present appeal is filed by the original plaintiff, challenging the judgement and decree dated 19.09.2014, passed by the learned Additional Senior Civil Judge, Gandhinagar in Special Civil Suit No. 359 of 2012.

(2.) Briefly stated, the case of the plaintiff as emerging from the plaint was that, the plaintiff was desirous of purchasing land bearing Survey No. 670/6 admeasuring 59 Are and 69 square meters of village Unvarsad, District: Gandhinagar. This land would hereafter be referred to as "the suit land". According to the plaintiff, the owners of the land has agreed to sell such land to the plaintiff for consideration of Rs.2 lacs. The defendant who was known to the plaintiff showed his desire to jointly purchase the land in question. As per the desire of the land owners, instead of first executing an Agreement to Sell in favour of the plaintiff and the defendant, the parties entered into the Sale Agreement straightway. Sale Deed was executed on 26.06.2006. The land was sold to the plaintiff and the defendant jointly for consideration of Rs.2 lacs. According to the plaintiff, stamp of Rs.15,150/ was already purchased by him. The Sale Deed was also registered on the same day before the SubRegistrar, Gandhinagar. From such time, the plaintiff and the defendant became coowners of the suit land. Necessary mutations were also made in the revenue records.

(3.) The defendant appeared and filed a written statement in which his principle contention was that out of the total sale consideration of Rs.2 lacs paid for the purchase of the land, Rs.1,80,000/ was paid by him and he, therefore, enjoyed 90 percent share in the suit land. He, therefore, opposed the suit of the plaintiff. The trial court framed following issued: