RAM @ RAMESHWAR BALASAHEB KOPNER Vs. VITHAL BABURAO KHANDEKAR

JUDGEMENT

(1.) Present appeal has been filed by the original defendant, who intends to challenge the Judgment and Decree passed by learned Adhoc District Judge-1, Ahmedpur, Dist. Latur in Regular Civil Appeal No.55/2015 dated 02.11.2018. The said appeal was filed challenging the Judgment and Decree passed in R.C.S. No.268/2017 passed by Joint Civil Judge Junior Division, Ahmedpur, Dist. Latur on 18.08.2015.

(2.) Present respondent-original plaintiff had come with the case that he is a near relative of defendant. He was in need of money and therefore he decided to sell his land. He had conversation with defendant and then it was decided that he would sale out the suit property for a consideration of Rs.3,45,000/-. It was also decided that at the time of sale deed, amount of Rs.1,50,000/- would be given and the remaining amount would be paid in December, 2012. It was also decided that the possession of the suit property would be given to the defendant and if the defendant fails to pay the remaining amount of Rs.1,95,000/- to the plaintiff, then it would be recovered by the plaintiff along with interest. It is also stated that, in that event, the sale deed would be cancelled. After such discussion when the contract was completed, the sale deed was executed on 22.03.2012. At that time, plaintiff accepted amount of Rs.1,50,000/- from the defendant. On the same day, the defendant executed agreement on a stamp paper of Rs.100/- in presence of witnesses, whereby he promised to pay amount of Rs.1,95,000/-. After the sale deed was executed, defendant got his name mutated to the suit property. Plaintiff asked defendant to pay the remaining amount of Rs.1,95,000/-, however, defendant avoided on one or the other pretext till April, 2012. Thereafter, he issued legal notice through Advocate on 02.05.2013. There was no response and therefore he filed the suit.

(3.) Defendant resisted the claim by filing written statement. It has been denied that he had agreed to pay consideration of Rs.3,45,000/-. He has also denied that any separate agreement was executed on a stamp paper of Rs.100/- promising that he would pay amount of Rs.1,95,000/-. It is stated that he purchased the suit property from plaintiff for a consideration of Rs.1,50,000/- on 22.03.2012 and since then plaintiff has no concerned with the suit property.