VISHWANATH BHIKA KOLASE Vs. KISAN MAHADEO BAHADURE

JUDGEMENT

(1.) THE appellants are the original plaintiffs and the respondents are the original defendants. FACTS

(2.) THE appellants-original plaintiffs filed a suit for cancellation of the sale deed and for restoration of possession of the suit field bearing Survey No. 92/ 1, Gat No. 217, admeasuring 4 hectares and 82 ares of Mouja Antri, Taluka malkapur. It is the case of the plaintiffs that the said property was ancestral property of deceased Bhika Motiram, who died on 15/02/1977 leaving behind his heirs plaintiff Nos. 1 and 2, appellant Nos. 1 and 2 herein, (hereinafter referred to as "plaintiffs" and "defendants" for the sake of convenience), his wife defendant No. 4 and mother of Bhika Bajabai. After the death of Bhika, the plaintiff Nos. 1 and 2 widow of Bhika i. e. defendant No. 4 and bajabai became the owner of the suit property and they each have ?th share in it. Bajabai died in the year 1980. Prior to her death on 30/11/1977, the defendant No. 1 got the sale deed executed from deceased Bajabai, the grandmother of plaintiff Nos. 1 and 2 and defendant No. 4 mother that the sale deed was without any consideration and at that time plaintiff Nos. 1 and 2 were minors. It was alleged in the suit that this sale deed was executed without the permission of the District Judge and it was without legal necessity, therefore, the said sale deed was not binding on them. The plaintiffs, therefore, filed the suit against the defendants for cancellation of the sale deed, dated 30/11/1977 and partition and possession of half share of the suit property.

(3.) THE defendant No. 1 filed his written statement and denied the claim of the plaintiffs and it was his contention that he purchased the suit field from the grandmother of plaintiff Nos. 1 and 2, namely Bajabai and mother defendant No. 4 Anusayabai for a sum of Rs. 3,500/- by registered sale deed and the alleged sale of the suit field was for the legal necessity. It was the case of the defendant No. 1 that he had paid all the encumbrances over the suit field to the extent of Rs. 4,370,92 which were more than the price agreed between the parties.