SUBHADRABAI BHANUDAS GADHAVE Vs. DAGDUBA RANU SALVE

JUDGEMENT

(1.) These two appeals can be decided by a common judgment since they have been preferred against the common judgment delivered by the District Judge.

(2.) Two suits namely; Civil Suit No. 532 of 1992 filed by the respondents herein and Civil Suit No. 1 of 1993 filed by the appellants herein were heard and decided together. These appeals have been preferred by the defendants in Civil Suit No. 532 of 1992 and the plaintiffs in Civil Suit No. 1/1993. The parties shall hereinafter be referred to as the plaintiffs and the defendants, who were plaintiffs and the defendants in Civil Suit No. 1 of 1993.

(3.) The facts are as follows The respondents instituted Civil suit No. 532 of 1992 for possession and declaration. Respondents are the owner of gat No. 286, admeasuring 2 hectares 62 ares. It is alleged that deceased Ranu had taken a loan from the present appellants in the year 1990 when Ranu's wife died. It is alleged that they were in need of money for meeting the funeral expenses. The appellant No. 2 Bhanudas i.e. original defendant No. 2 in the suit is a money lender. He agreed to lend money on the condition that an agreement of sale be executed in his favour and he be put in possession of the suit property. The respondents contended in their suit that they executed such a document and defendants had in fact agreed to redeliver the possession and tear off agreement of sale upon repayment. The respondents tried to repay the amount but there was no response from appellant Bhanudas. Hence, they instituted a suit for declaration and possession. The said suit was resisted by the appellants. They contended that Ranu had in fact agreed to sell suit property to him and he had paid consideration of Rs. 9000/to Ranu and agreed to pay balance of the consideration of Rs. 4000/at the time of execution of the saledeed. It is their contention that Ranu had delivered possession to them but was avoiding to execute the sale deed.