RAJESH Vs. NAGORAO SADASHIVRAO TIKLE

JUDGEMENT

(1.) By this appeal, the appellants have challenged judgments and orders passed by the two Courts below whereby suit for declaration filed by the respondent No.1 has been decreed, as a result of which sale deed dated 21.03.1985 executed by the respondent No.1 in favour of respondent No.2 society has been declared null and void, which has adversely affected interests of the appellants herein.

(2.) The aforesaid suit for declaration and damages was filed by respondent No.1 against respondents No.2 to 7, contending that the sale deed executed on 21.03.1985 and registered on 26.06.1985 in favour of respondent No.2 was a nominal sale deed, which deserved to be declared as null and void. It was further prayed on behalf of the respondent No.1 that he was entitled to compensation of Rs.50,000/- from the original defendants i.e. respondents No.2 to 7 for breach of contract.

(3.) Initially written statement was filed by the then Secretary of the respondent No.2 society and the claims made by the respondent No.1 were opposed. Later the respondent No.3, as Secretary of the respondent No.2 society claimed that the society had nothing to do with the grievance raised by the respondent No.1.