SHANTABAI Vs. RAJKUMAR LAXMANRAO GAJEWAR

JUDGEMENT

(1.) THE appeal is filed to challenge the judgment and decree of Regular Civil Suit No. 49 of 1990 which was pending in the Court of the Joint Civil Judge, Junior Division, Hadgaon and also to challenge the judgment and order of Regular Civil Appeal No. 40/1997 which was pending in the District Court Nanded. Both sides are heard.

(2.) THIS Court, the other Hon'ble Judge, admitted the appeal on the following substantial question of law: - -

(3.) IT is the case of the plaintiff that possession was given to the defendant under the aforesaid transaction but the transaction was made on simple paper and not on stamp paper and it was not registered. It is contended that at the time of the transaction plaintiff was minor, aged of 3 years and his father died in the year 1974. It is contended that at the time of death of Laxman, plaintiff was only of 3 years of age and Laxman had left behind his widow and his three daughters. It is contended that as the transaction was not made on necessary stamp paper and it was not registered it was null and void and so the plaintiff is entitled to get back the possession as owner. It is contended that defendant has no money lending license and he cannot charge interest. He had prayed for possession of portion of 6 acres 12 gunthas and also for future mesne profit. He had given hand sketch map of the suit property.