UTTAM BABURAO ISHI Vs. BARKU NAWAL PATIL

JUDGEMENT

(1.) By consent of both sides, heard finally at the stage of admission.

(2.) Appellant (Original Defendant) has preferred this Appeal under Sec. 100 of Code of Civil Procedure (for short 'CPC') taking exception to the judgment and decree dtd. 1/8/2014 passed in RCS No. 44/2001 by CJJD, Shahada and judgment and decree dtd. 23/11/2011 passed in RCA No. 22/2014 confirming judgment and decree of trial Court.

(3.) Parties are referred to as Plaintiff and Defendant for the sake of convenience. The facts which led to filing of the present Appeal can be narrated in short as under: Plaintiff filed suit for specific performance of contract and alternatively to cancel conditional sale deed executed in the year 1996 in respect of Gut No. 72/2 admeasuring 0.80 R situated at Sonval Tarfe Borad, Tq. Shahada, Dist. Nandurbar (for short 'suit property'). According to plaintiff, in the year 1996 he was in the need of money and hence, he approached to the defendant who paid Rs.40,000.00 in cash and against the said transaction conditional sale deed was executed on 10/6/1996. It was agreed between parties that after one year of the execution and before expiry of five years, the Plaintiff would return the said money and defendant thereafter would restore the land in the name of plaintiff. He further claimed that on 21/5/2001 he issued cheque of Rs.40,000.00 which was duly signed but in view of the terms and conditions of document, defendant did not execute the transfer deed in his favour. He, therefore, issued notice through Advocate on 1/6/2001 calling him for the compliance of the said terms. The said notice was replied by the defendant by making false claim and hence, suit came to be filed. Defendant appeared in the suit and by filing written statement at Exh. 13 admitted execution of document. It is also admitted that he had received cheque of Rs.40,000.00 from plaintiff. It was further contention of the defendant that during 1996 plaintiff required further money and therefore, he has paid further sum of Rs.25,000.00 and it was agreed by the plaintiff that entire amount of Rs.65,000.00 would be returned and until then the property would remain with defendant.