SHANKARLAL GANULAL KHANDELWAL Vs. BALMUKUND SURAJMAL BHARUKA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 27.2.1983, passed by the District Judge, Buldana in Regular Civil Appeal No.271/1979 by which the first appellate Court reversed the judgment and decree dated 10.12.1979 passed by the Civil Judge, Junior Division, Malkapur in Regular Civil Suit No.50/1977.

(2.) Appellant - Shankarlal filed a civil suit bearing Regular Civil Suit No.50/1977 in the Court of Civil Judge, Junior Division, Malkapur contending therein that he executed a nominal sale-deed on 23.11.1972 of plot No.14 admeasuring 2,000 sq. ft. owned by him in favour of the respondent/defendant for an amount of Rs.10,000/- because he badly needed the money for his business and treatment. The respondent had given a promise that the respondent/defendant would cancel the nominal sale-deed and re-execute the sale in favour of appellant/plaintiff upon repayment of Rs.10,000/- with 6% interest. He then stated that on 7.3.1977 however the respondent tried to take possession by starting digging operation on the suit plot. But the appellant obstructed him on the ground that the said sale-deed was nominal and not to be acted upon. He filed the suit for declaration that the said sale-deed be declared as 'simple mortgage' and the appellant be allowed to have a redemption thereof. Interim injunction operated during the pendency of the suit and further proceedings.

(3.) In the written statement that was filed by the respondent he claimed that the sale in question was an out and out sale for Rs.10,000/- and he had also started construction.