VIKRAM DHONDU AWHALE Vs. DASHRATH KACHARU KAKDE

JUDGEMENT

(1.) THIS is an appeal by the plaintiff who was successful in the Trial Court, however, had failed in the 1st Appellate Court.

(2.) THE facts in brief as narrated in the plaint are that :-That the plaintiff who owned land survey No. 17/1, 8 acres 20 Gunthas to the extent of 3 acres there from, was in need of money and therefore, on 10-5-1976 agreed that he shall execute a nominal sale deed in favour of the defendant to secure a loan of Rs. 2000/ -. The defendant agreed to lend a loan and to re-convey the property when the loan would be repaid. It was also agreed that on account of interest, the defendant shall enjoy the crop. Though the transaction was that of money lending, in order to over come the difficulties, those would follow in view of law, the nominal sale deed was executed and for testifying the oral agreement, the defendant executed a document to reconvey the property on repayment of the debt. The defendant failed to concede to receive money and return the property. Therefore, the plaintiff issued notice and ultimately filed the suit on 11-4-1988.

(3.) THE defendant on appearance filed the Written Statement, contended that :-The transaction was out and out sale and not of money lending. He further pleaded that the plaintiff must have in collusion with the witnesses obtained the defendant's signature on some documents, any such document would not confer any right on the plaintiff and prayed for suit being dismissed.