KAMAL SHIVAJIRAO KATKAR Vs. GAJARABAI SOPANRAO ALGUDE

JUDGEMENT

(1.) THE only question in this second appeal is whether the document dated 12-12-1968 executed by the deceased-husband of the respondent is a mortgage by conditional sale or whether it is a sale coupled with an agreement to reconvey.

(2.) THIS second appeal is preferred by the defendants against whom both the Courts below have passed a decree for reduction in respect of the suit property which consists of two parts of land admeasuring 10 gunthas and 14 gunthas each. The Courts below have also directed the respondent to pay a sum of Rs. 1200/- which was the original amount for which the document was executed. In brief the transaction as reflected in the deed is as follows:-

(3.) THE document was executed by the respondents husband Sopanrao in favour of his sister, the appellant. Admittedly, Sopanrao did not pay Rs. 1200/- to the appellant within five years. While Sopanrao was alive till 1978 he did not take any steps demanding reconveyance. In fact, he did not even issue a notice demanding reconveyance. After he died, his wife issued the notice dated 2-1-1980 to her sister-in-law i. e. the appellant seeking reconveyance of the property. The appellant having declined to reconvey the property, the present suit was filed.