RAMCHANDRA GANGARAM SANGOLE Vs. SHRI PRAKASH EKNATH CHOUDHARI

JUDGEMENT

(1.) The appeal is filed against Judgement and decree of Regular Civil Appeal No. 233/1983, which was pending in the Court of 2nd Additional District Judge, Jalgaon. The appeal of original plaintiffs against Judgement and decree of Regular Civil Suit No. 89/1975 is allowed by the First Appellate Court and decree of possession is given by the District Court in favour of original plaintiffs. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal can be stated as follows :-

(3.) It is the case of plaintiffs that defendant No. 1 is shrewd and cunning businessman, but Eknath trusted him very much. It is contended that defendant No. 1 made false representation to Eknath and when Eknath was under influence liquor, defendant No. 1 got first sale deed executed on 2.7.1969 of area of 4 Acres 20 Gunta of the suit land and then again by making false representation, defendant No. 1 got executed second sale deed dated 9.2.1971 in respect of remaining portion of 4 Acres 1 Gunta of the suit land from Eknath. It is contended that no consideration was paid by defendant No. 1 to Ekanth. It is contended that Joint Hindu Family of Ekanth, plaintiffs are not benefitted due to these transactions and there was no legal necessity for selling the suit property. It is contended that in any case, Eknath had only ?th share in this property, as it was ancestral property of Ekanth, so transaction made by Ekanth in respect of ?th share of plaintiffs is not binding on the plaintiffs.