GANGARAM Vs. KAMAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 5/05/2001 passed in Regular Civil Appeal No. 887/2000 by Fifth Additional District Judge, Nagpur, thereby confirming the judgment and decree passed on 2/08/2000 in Regular Civil Suit No. 37/1994 by Fifth Joint Civil Judge, Junior Division, Nagpur.

(2.) THE appellants are the original defendants and respondents are the original plaintiffs, who had brought a suit against the appellants claiming a decree for declaration and delivery of possession of the suit property.

(3.) IT is the case of the respondents that said Laxman was associated with Gandhinagar Co -operative Housing Society Ltd., Nagpur (hereinafter called as 'the Society') and for many years he held the post of President as well as Secretary of the Society. Laxman was in need of some money for the purposes of the suit house which he intended to mobilise by raising loan with the said Society. Laxman had a brother, Gangaram, of whom the appellants are the children being his sons and daughters. Since Laxman was not in a position to obtain loan from the said Society in his name, it was decided mutually between himself, said Gangaram and the Society that the loan would be obtained by Gangaram in his own name for the purposes of the suit house by mortgaging in favour of the Society the suit house. It was also agreed that in order to facilitate this transaction, Laxman would transfer the suit house by executing the sale deed in favour of the Society and the Society would then transfer by a registered deed the suit house to Gangaram and then Gangaram in turn would mortgage the suit house in favour of the Society, upon which the Society would advance loan of Rs. 10,000/ - to Gangaram. Accordingly, an agreement dated 29/10/1974 (Exhibit 59) was executed between Laxman, Gangaram and the Society.