PANDURANG NAMDEO MULANDE Vs. ARJUN KRISHNAJI ARAJ

JUDGEMENT

(1.) THIS is a Second Appeal filed by the appellant / original defendant under Section 100 of Code of Civil Procedure, challenging the decree and judgment dated 16. 04. 1987 passed by the Appellate Court in Regular Civil Appeal No. 208 of 1984, who set aside the order of dismissal of Regular Civil Suit No. 30 of 1983 passed by the trial Court. The Appellate Court allowed the appeal and directed the plaintiff to recover a sum of Rs. 3660. 65 together with proportionate cost and future interest at 6% per annum on Rs. 3240. 40 from the date of the suit till realization. While admitting the appeal on 23. 01. 1989, this Court did not formulate the substantial question of law for consideration, and therefore, on hearing the learned Counsel for the parties, the substantial question of law is formulated which is as under: "whether there was misconstruing of evidence by the Appellate Court and acting without evidence, the decree passed by the Appellate Court is bad in law. "

(2.) BRIEF facts are required to be stated as under : The plaintiff instituted a suit for recovery of Rs. 4300/- being the price of Cotton together with interest. The defendant was the son of the sister of the plaintiff. He was brought up by the later. The plaintiff owns agricultural lands bearing Survey No. 26/1-B and Survey No. 50 and he had grown the crop of Cotton in the said field in the year 1974-75. The defendant was asked to sell the crop of Cotton to the Cotton Federation, and accordingly, the cotton was sold and the sale proceeds were taken by the defendant. It is the case of the plaintiff that he is entitled to receive the sale price of the cotton from the defendant, as he was acting as his agent.

(3.) THE contention of the defendant is that he also owns agricultural land bearing survey no. 22/1-A and survey no. 19/3 and he had grown cotton in his own lands and the said cotton crop was sold to the Cotton Federation.