LALITPRASHAD BALAPRASHAD JAISWAL Vs. NANDKISHORE CHHAGANRAO KHARDEKAR

JUDGEMENT

(1.) This appeal is filed by plaintiff who filed a suit for cancellation of agreement of sale dated 21-10-1974 Exhibit 49 and subsequent sale deed dated 24-12-1974 Exhibit 50.

(2.) The property involved is a godown which consists of two parts namely southern and northern parts. The northern part consists of constructed shops while the southern part consists of tin shed. The constructed shops in northern side are in occupation of tenants. There is no dispute that the plaintiff was owner of both the parts; southern as well as northern part. The agreement dated 21-10-1974 relates to the southern part while the sale deed dated 24-12-1974 relates to the whole godown including southern and northern parts.

(3.) Agreement dated 21-10-1974 is executed by the plaintiff in favour of the defendant regarding southern part while the sale deed is executed by him also in favour of defendant on 24-12-1974. The plaintiff had challenged these two documents on the ground of misrepresentation and fraud. It is his case that he was in financial difficulties as he owed debt and also he was required to pay municipal taxes. He executed the documents by way of security without any consideration. The plaintiff at one stage has also claimed that the brothers of defendant who were Advocates have mis-represented to him as they informed the plaintiff that they will get repaired the shops and after the recovery of amount of Rs. 10,000/- out of the rent, the property will be given back to him by executing a separate deed of relinquishment to that effect. The plaintiff has also contended that contents of both the documents were never read over to him nor any consideration is paid to him.