SHRIPATI SANTU MANE Vs. GOROBA NIVARTI GHUTUKADE

JUDGEMENT

(1.) The appellant is the original defendant and he filed this appeal being aggrieved by the decree passed by the Joint District Judge, Osmanabad in Regular Civil Appeal No.47 of 1999 dated 02.02.1999 whereby the learned Judge set aside the judgment and decree passed by the Joint Civil Judge, Senior Division, Osmanabad in Regular Civil Suit No. 313 of 1984 decided on 02.01.1991 and directed the present appellant to hand over possession of the suit-land to respondent No.1 Goroba on payment of Rs.9000/- within three months from the date of decree and in-case he fails to hand over possession, Goroba is entitled to get possession through Court. There is also direction for mesne profit.

(2.) Briefly stated facts giving rise to this appeal may be stated as below:

(3.) It is further case of the respondents that the respondents were in need of money for repaying the loan amount obtained from Bhagirathibai and therefore respondent NO.2 -Chandrabhagabai approached the appellant - her brother Shripati and obtained loan of Rs.9000/-. On 20.03.1976 the amount was paid to Bhagirathibai and she reconveyed the property in the name of respondent No.1-Goroba (then minor). Respondent No.1 Goroba through his guardian mother (respondent No.2) on the same day executed sale-deed in favour of the appellant for Rs.9000/-and possession of the property was handed over to the appellant. It is case of the appellant that the sale-deed was nominal and it was a loan transaction. The property was to be reconveyed on payment of Rs.9000/-. It is alleged that since respondent No.1 Goroba was minor, the sale-deed on his behalf without permission of the District Court was null and void. Moreover, there was incumbrance of Co-operative Society on the suit-land and therefore the sale-deed is also hit by Section 48 of the Maharashtra Co-operative Societies Act. In the circumstances the suit was filed for declaration of sale-deed dated 20.03.1976 executed by respondents in favour of the appellant was nominal, sham, bogus and not binding on the respondents and it was executed as security for loan of Rs.9000/-. It is further prayed that the respondent/plaintiff be put into the possession of the suit property on payment of Rs.9000/-.