MANSING BAJIRAO SAWANT Vs. WAMAN LAXMAN SAWANT

JUDGEMENT

(1.) MANSING Bajirao Sawant, original defendant in Regular Civil Suit No. 172 of 1977 on the file of II Jt. Civil Judge, Satara has come in the Second Appeal before this Court.

(2.) BEFORE considering the pleadings of the parties, it is necessary for to me give pedigree of the original plaintiff and original holder of the lands in dispute, which is as under : chimaji Sawant was the owner of all the eleven pieces of lands which are described by the respondent-plaintiff Waman in his plaint in Regular Civil Suit No. 172 of 1977. The said Chimaji Sawant died in the year 1953 leaving behind him his four sons Ramu, Laxman, Arjun and Bapu. His eldest son Ramu died in the year 1960, leaving behind him his widow Manjulabai and his son Kisan. Thus, Kisan and Ramu and Manjulabai Ramu are cousin brothers and paternal aunt of respondent-plaintiff Waman Laxman Sawant.

(3.) KISAN Ramu Sawant entered into a transaction with the present appellant Mansing Bajirao Sawant on 18th June, 1965 and Kisan Ramu Sawant executed a deed with the stipulation of reconveyance and gave his property to the present appellant-defendant Mansing Sawant. The said Kisan Ramu Sawant was suffering from tuberculosis. He was indebted and he also wanted money for treatment and, therefore, Kisan entered into the said transaction with the appellant Mansing.