VITTHAL MAHARU PATIL Vs. FAKIRA BHAVSING PATIL

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) This Second Appeal is directed by the appellants i.e. original plaintiffs against the judgment and order dated 15.1.1987, rendered by the learned Additional District Judge, Jalgaon, in Regular Civil Appeal No. 373 of 1981, allowing the said appeal and thereby reversing the judgment and decree passed by the learned Civil Judge, Junior Division, Parola on 31.8.1981 in Regular Civil Suit No. 46 of 1975. The appellants herein are the legal heirs of the plaintiff and the respondents herein are the legal heirs of the defendant. The parties are herein after referred as per their original status i.e. 'the plaintiff' and 'the defendant'.

(3.) The plaintiff filed the suit before the learned Civil Judge, Junior Division, Parola for the possession of the suit house and for retransferring the suit property to him. The plaintiff came with the case that the Grampanchayat House No. 214, situated at village Ratna Pimpri, Taluka Parola, District Jalgaon is owned by the plaintiff. In January, 1963, he was in need of money, and hence, he demanded amount of Rs.1,000/from the defendant. However, the defendant had no money lending license, hence, the defendant asked the plaintiff to execute the mortgage of plaintiff's property in favour of the defendant for Rs.100/, so that he can advance Rs. 1000/to him. Since, the plaintiff was in need of money, he agreed to the same. However, it is contended that there was difficulty of mortgage, and hence, the sale deed of the suit property was executed in favour of the defendant for Rs.1,000/, but it was decided between the parties that they should not act upon the terms of the sale deed and it was settled between the plaintiff and the defendant that after repayment of Rs.1,000/to the defendant, the defendant would retransfer the suit property to the plaintiff, and also would deliver the possession thereof to the plaintiff. Accordingly, a receipt was signed in favour of the plaintiff to retransfer the property to the plaintiff after repayment of Rs.1,000/.