ASHRUBA HARIBHAU DOMBE Vs. RAMKISHAN YASHWANTRAO DOMBE

JUDGEMENT

(1.) This is an appeal by original defendant challenging the concurrent judgments recorded by the Courts below.

(2.) Plaintiff -Respondent herein instituted Regular Civil Suit No.181/89 claiming redemption of mortgage and recovery of possession as well as reconveyance of the document. Plaintiff is the original owner of the property bearing S.No.19/2 and 19/11, now consolidated in G.No.407, admeasuring 25 ares and 32 ares respectively situate at village Kanad. Plaintiff was in need of Rs.5000/-. As such, he approached the defendant for advancement of amount. Defendant agreed to advance the amount, however, on execution of a conditional registered sale deed by the plaintiff in his favour. Plaintiff, as such, executed a conditional sale deed and it was agreed that after completion of five years, plaintiff would pay Rs.5000/- to the defendant and defendant would reconvey the property in favour of the plaintiff. Plaintiff contends that he had paid an amount of Rs.3175/- to the brother of the defendant and presented Regular Civil Suit No.94/86 against the defendant for reconveyance. But the said suit was withdrawn as it was premature. Plaintiff was ready to pay Rs.5000/-to the defendant and asked the defendant to reconvey the property. However, defendant refused to do so. Hence plaintiff instituted instant suit requesting the defendant for redemption of mortgage as well as for execution of reconveyance deed and delivery of the property in favour of the plaintiff.

(3.) In response to the suit summons, defendant appeared and resisted the suit. Defendant admitted execution of the document dated 04.05.1983. However, he contended that period prescribed under the document came to an end on 04.05.1988. Thereafter defendant asked the plaintiff to pay back the amount and get the reconveyance deed executed. However, plaintiff was not in a position to repay the amount. It is, therefore, contended that in view of the terms recorded in the said document, conditional sale has to be treated as absolute one on expiration of the period prescribed in the document. Defendant, as such, prayed for dismissal of the suit.