MADHABHAI DAHYABHAI MITHAPARA Vs. JIVANBHAI TAPUBHAI JADAV

JUDGEMENT

(1.) This Second Appeal under Section-100 of the Code of Civil Procedure is at the instance of the original plaintiff and is directed against the judgment and order dated 21/04/2018 passed by the 2nd Additional District Judge, Bhavnagar in the Regular Civil Appeal No.48 of 2006 arising from the judgment and decree dated 11/07/2016 passed by the Principal Civil Judge, Botad, District-Bhavnagar in the Regular Civil Suit No.124 of 2015.

(2.) For the sake of convenience, the appellant herein after shall be referred to as the plaintiff and the respondent herein after shall be referred to as the defendant.

(3.) The plaintiff filed the Regular Civil Suit No.124 of 2015 for a declaration, permanent injunction and also, for cancellation of the two sale-deeds dated 13/03/2002 and 22/04/2003 respectively. It is the case of the plaintiff that he was in need of finance. In such circumstances, he had to borrow a sum of Rs. 1,12,000/- and thereafter, an amount of Rs. 60,000/- from the defendant. It is his case that by way of security, he agreed to execute two mortgage-deeds with respect to his two properties. However, according to him, fraud was played upon by the defendant and instead of getting a mortgage-deed executed in his favour the two sale-deeds came to be executed. The first sale-deed bearing registration No.528/2002 came to be registered on 13/03/2002 and the second sale-deed bearing registration No.1007/2003 came to be registered dated 22/04/200 It is his case that he had no intention to execute any sale-deed in favour of the defendant. Thus, according to the plaintiff, fraud was played upon and in such circumstances, he had to file the suit for cancellation of the two sale-deeds.