TATYA BABU PHARANDE Vs. SUNIL BABAN KUMBHAR

JUDGEMENT

(1.) THIS is plaintiff's appeal challenging judgment and decree dated 10.7.1981 passed by the District Judge, Solapur in Regular Civil Appeal No.23 of 1980.

(2.) THE suit property is two khans out of house property bearing Grampanchayat No.86 situated in Ward No.1 from Village - Ozarde, Taluka - Wai, Dist. Satara. The plaintiff filed Civil Suit No. 262 of 1976 for possession of 1 khan from the above house on the averments that on 13.1.1975 he has purchased one khan of the house property for Rs.1,000/- from Baban. Baban died on 18.1.1975. As per the plaintiff, Baban was ill, he was indebted to certain persons to meet the medical expenses, he sold the suit property to him. The said transaction is for legal necessity. The defendants resisted the claim stating that there is no legal necessity to sell the suit property.

(3.) IN my judgment, appeal Court has considered all relevant circumstances to come to the conclusion that the appellant has failed to prove that the sale transaction was for legal necessity. Whether sale is for legal necessity as not is question of fact and cannot be gone into in the second appeal.