JANARDAN Vs. REKHA

JUDGEMENT

(1.) This Second Appeal is filed by the Original Plaintiff/appellant herein, who had filed Regular Civil Suit No.73 of 2007. The Civil Suit came to be dismissed on 28th March, 2010. Regular Civil Appeal No.274 of 2010 was filed by the Original Plaintiff before the District Judge, Wardha. The said appeal is also dismissed on 20.4.2012. Hence, the present appeal is filed by the said Original Plaintiff/appellant against the concurrent findings of both the Courts below.

(2.) The case of plaintiff/appellant, in short, is that defendant nos. 1 and 2 are owners of field bearing Survey Nos. 171 and 172, total area 3.65 HR. of mouza Wagholi, Tq. Higanghat. Defendant nos. 1 and 2 agreed to sell 1.01 HR land out of said land for a consideration of Rs.91,000/-. Oral agreement to that effect took place on the day of Gudi Padwa of the year 2006. The plaintiff paid earnest amount of Rs.20,000/- to the defendants. The defendants handed over possession of 1.01 HR. land out of Survey Nos. 171 and 172 to the plaintiff. The sale deed was to be executed on 3.11.2006, after payment of balance consideration. The defendants agreed to convert the said land into Class I and thereafter, sale deed was to be executed. But, till 3.10.2006, the defendants did not apply for conversion of the land. They were in need of money for the education of defendant no.2. Therefore, they obtained Rs.70,000/- from the plaintiff as a part payment of consideration and executed a registered agreement of sell on 4.10.2006 in favour of the plaintiff. Balance consideration of Rs.1,000/- was to be paid at the time of sale deed. The defendants failed to execute the sale deed. Therefore, Regular Civil Suit No.73/2007 was filed for specific performance of contract and permanent injunction against the defendants.

(3.) The defendants/respondents appeared and filed their Written Statement at Exh.18 and submitted that they never executed agreement of sell to the plaintiff. Father of plaintiff is money lender. The defendants were in need of money. Therefore, they obtained hand loan of Rs.40,000/- from the father of plaintiff. The father of plaintiff got executed nominal document of sell dt.4.10.2006 towards security of loan. The said document was executed in the name of plaintiff. Due to failure of crop, the defendants could not repay the loan amount. They have submitted that they never handed over possession to the plaintiff. They are in possession of the suit field. Therefore, they prayed to dismiss the suit.