SAISTABEGUM Vs. RAJKUMAR

JUDGEMENT

(1.) Heard. By consent of parties, the matter is taken up for final hearing at the stage of admission.

(2.) The present second appeal is filed being aggrieved by the judgment and decree dtd. 28/03/2022 in Regular Civil Appeal No. 108/2016 passed by the learned Principal District Judge, Bhandara, arising out of the judgment and decree dtd. 13/08/2014 in Regular Civil Suit No. 09/2012 (Old Special Civil Suit No. 64/2009) passed by learned Civil Judge, Junior Division at Pauni.

(3.) The facts giving rise to file this appeal are as under:- The area ad-measuring 148.8 sq. meters bearing sheet No.34, city survey No.3440/4 and city survey No. 3439 admeasuring 57 sq. meters in sheet No.34 is owned and possessed by defendant Nos. 1 to 4. Defendants made construction on 113.52 sq. meters area on ground floor and 64.60 sq. meters on first floor. One room ad-measuring 9 X 35 sq. ft. was given to defendant No.1 on 16/09/2005 by receiving Rs.50,000.00 by defendant No.2 towards advance in the presence of panchas. Defendant No.2 had obtained loan of Rs.2,80,000.00 mortgaging the aforesaid property, but failed to repay the loan amount. The Bank initiated action for auction of the suit property, therefore tri praty agreement was executed amongst plaintiff, defendant No.2 and Parmatma Ek Bank on 08/11/2006, on agreement on the part of plaintiff to repay the loan amount of Rs.2,80,000.00 and defendant No.2 with the permission of other defendants to sale the suit property to the plaintiff.