SAMEER DATTATRAYA DESHPANDE Vs. KISHOR SHAMRAO JADHAV

JUDGEMENT

(1.) With consent, heard finally at the stage of admission.

(2.) The Appellants herein have challenged the judgment and order dtd. 23/12/2021, passed by the learned District Judge No.3, Kolhapur in Civil Appeal No.66 of 2021. By the impugned judgment the learned District Judge dismissed the Appeal and thereby confirmed the order dtd. 8/2/2021 passed by the learned Joint Civil Judge Junior Division, Kolhpaur in Regular Darkhast No.88 of 2017.

(3.) The brief facts necessary to decide the Appeal are as under:- The Respondent, hereinafter referred to as the Plaintiff had filed Regular Civil Suit No.819 of 2016 before the CJJD, Kolhapur, for possession and recovery of arrears of rent. The case of the Plaintiff was that Sudhir Dattatray Deshpande, (hereinafter referred to as 'the Defendant') owned the western portion of the property under City Survey No.1185-C/41 along with a structure admeasuring 151.63 sq. meters, situated at Rajarampuri, Kolhapur (hereinafter referred to as the 'suit property'). The Defendant had availed loan from various banks and co-operative credit societies to meet the financial requirements of his family. He put up the suit property for sale to repay the loan. The Plaintiff agreed to purchase the the suit property and upon receipt of the major part of the sale consideration, the Defendant entered into an agreement for sale dtd. 30/05/2011. Upon receipt of the balance sale consideration, the Defendant put the Plaintiff in possession of the suit property and executed a sale deed dtd. 26/04/2016 and thereby transferred the title of the suit property in favour of the Plaintiff.