GANGADHAR RAMCHANDRA GAIKWAD Vs. RAMBHAU SANTU USHIR

JUDGEMENT

(1.) The appellant original defendant No. 1 in regular Civil Suit No. 68 of 1983 has preferred this appeal against the judgment and order passed by the Court of 4th Additional District Judge, Nasik in Civil appeal No. 93 of 1986 whereby the order dismissing the plaintiff's suit for declaration and possession passed by the Civil Judge, J. D. Chandwad was set aside and it was declared that plaintiff is the owner of the suit land and attachment and sale of the, suit land in Reg. Darkhast No. 69 of 1982 is illegal and void and defendants were directed to hand over possession of the suit land to plaintiff.

(2.) For the sake of convenience hereafter the parties shall be referred to as the plaintiff and the defendants. Brief facts giving rise to this appeal are as under :

(3.) The suit land admeasuring 40 Ares, out of Gat No. 479/1 described in detail in para 1 of the plaint was the ancestral property of the defendant No. 3's father. On 10-2-1958 the defendant No. 3 is father executed conditional sale deed for Rs. 200/- in favour of the plaintiff and handed over the possession of the suit land as well as some other land. As per condition embodied in the said document it was agreed that if defendant No. 3 pays amount of Rs. 200/- to the plaintiff within 5 years then the plaintiff shall reconvey the property to the defendant no. 3. According to the plaintiff, in pursuance of the sale deed he received the possession of the suit land. During the period of 5 years, and thereafter the defendant No. 3's father did not pay amount of Rs. 200/- to the plaintiff and naturally the suit land was not reconveyed. It is the case of the plaintiff that after period of 5 years he has become the owner of the suit land and the sale has become absolute. Not only that but since 10-2-1958 the plaintiff started taking crop out of the suit land and nobody obstructed him.