JAGDEORAO YESHWANTRAO PISAL Vs. SHAHAJIRAO JAISINGRAO PISAL

JUDGEMENT

(1.) THIS is an appeal filed by the original plaintiff challenging the concurrent judgments and decrees of the Courts below, whereby, plaintiff's suit has been dismissed.

(2.) THE plaintiff claims that Gat No.129 of village Ozarde, taluka - Wai is his ancestral property. The plaintiff was to pay the amount due to society and was also to pay the other dues. The plaintiff approached defendant for loan. As the defendant had no money lending licence a sale-deed came to be executed between the parties. The said sale-deed is dated 15.3.1971. He further stated that on the same day there was agreement for reconveyance in respect of the said land. The plaintiff stated that the parties thereafter came to know that in the sale-deed, instead of Gat No.129, Gat No.257 was wrongly mentioned. Therefore, rectification deed dated 26.3.1971 came to be executed, thereby, recording Gat No.129. in the said sale-deed in place of Gat No.257. The plaintiff stated that in view of the agreement dated 15.3.1971, he is entitled for specific performance in respect of Gat No.129.

(3.) THE Courts below on appreciation of evidence have come to the conclusion that the plaintiff has failed to prove that the suit transaction is a mortgage by conditional sale and that there was transaction of reconveyance in respect of suit land. Even-though there was rectification deed rectifying the mistake recorded in the sale-deed, no other document or rectification deed was executed thereby rectifying the reconveyance deed. Hence the Courts below have come to the conclusion that the plaintiff is not entitled for relief in the suit.