GANPAT BAPU SAWANT Vs. BALKRISHNA ATMARAM SHIRSAT

JUDGEMENT

(1.) The petitioner is the original plaintiff in a suit instituted by him in the Court of Civil Judge (Junior Division), Sawantwadi, being Suit No. 51 of 1981. The suit was filed on 29th April, 1981 against 21 defendants. Original defendants Nos. 1 to 4 are brothers and other defendants Nos. 5 to 21 are co-sharers in the plain property. The suit relates to different pieces of lands mentioned in Schedule A and Schedule B attached to the plaint and some other properties fallen to the share of the defendants. It is alleged that defendants No. 1 executed an agreement of sale on 20th October, 1979 in favour of the plaintiff. The said agreement relates to property in Schedule A. The agreement is on a simple paper. It is not stamped or registered. In para 2-A of the agreement it is stated that in the properties mentioned in para 1 there was some suit between the co-shares and one Mukund Vedave Suit No. 39 of 1967. In that suit, Regular Darkhast No. 18 of 1969 was filed and on 9-11-1978, the vendor i.e. defendant No. 1 and other co-sharers got possession of the suit property. In that property the vendor has 7/30 the share. In para 28 it is mentioned that the property mentioned in para 1 of the agreement situate at Bande. There was some litigation in the Supreme Court in respect of the said property and in that litigation claim of the defendant No. 1 was in dispute. The vendor had 7/30th share. Some other properties to which reference is made in the agreement are said to have been acquired, with which we are not concerned.

(2.) Para 2-D of the agreement relates to property situate at village Galot. It is stated that it is of ancestral ownership and in that property also, the vendor has got in joint 7/30th share. Though agreement mentions 7/20th share, in fact, I am told by both the learned Advocate that the share of the plaintiff is 7/30th. Therefore, wherever 7/20th is stated, it should be read as 7/30th. Out of the said properties mentioned in para 2-A, D, the vendor has right including Patpani Imarati etc., which are all hereby agreed to be sold to the plaintiff for a consideration of Rs. 8,000/- and an amount of Rs. 7,000/- has been received on the date of agreement in cash and as separate receipt is necessary for the same. After the decision of the Supreme Court in S.L.P. 124/3320/79, in accordance with the judgment a balance sum of Rs. 1,000/- will be paid in cash to the vendee. The properties mentioned above have been given in possession of the plaintiff, with all rights of wahiwat and ownership and the vendor has no interest reserved in this property and vendor will not claim any right and if anybody claims that right, the vendor is liable to get the property clear from any such claim at his own costs. This agreement was executed on 20th October, 1979.

(3.) It is alleged by the plaintiff that on 2nd April, 1981, defendant No. 1 tried to obstruct his possession. The plaintiff filed a suit for permanent injunction against defendant No. 1 and other defendants.