GHANSHYAM DEORAM GAIKWAD Vs. SAMSHON JOHN GAIKWAD

JUDGEMENT

(1.) Present appeal has been fled by original plaintif No.1 challenging the concurrent Judgment and decree passed in Regular Civil Appeal No.127 of 2012, by learned District Judge -1, Shrirampur Dist. Ahmednagar, dated 27-06-2014, thereby confrming the dismissal of his suit bearing Regular Civil Suit No.14 of 2011, by Joint Civil Judge, Junior Division, Shrirampur, dated 29-10-2012.

(2.) The present appellant with present respondent No.2 had fled the said suit for declaration that, the documents executed in respect of suit prperty in 2008 are illegal, null and void, and for recovery of possession of the suit property which was allegedly taken by defendant forcibly from them. They had also claimed for mesne profts. Plaintifs are the owners of 0 H 42 R land out of Gut No.9 and 0 H 34 R land out of the same gut number within the limits of village Naur Tq. Shrirampur Dist. Ahmednagar. It is stated that, the plaintifs were in need of money in the year 2008 and they had requested the defendant to extend loan amount of Rs.30,000/-. Defendant agreed to the same, however put a condition that, the plaintifs should execute a receipt. Accordingly, defendant obtained their signatures on three blank stamp papers and gave them amount of Rs.30,000/-. Thereafter, in the year 2009, the defendant had forcibly obtained possession of the suit property. Plaintifs later on came to know that, the defendant has misused the three blank stamp papers having signatures of the plaintifs and brought into existence an agreement to sell and a possession receipt. Hence, they fled suit with the above said prayers.

(3.) The defendant resisted the claim of the plaintifs by fling written statement. He denied that, any forged document or documents have been got executed by him. It is admitted that, plaintifs were in need of fnancial assistance but he says that they wanted to sell the suit property, and therefore, approached him. The transaction took place and consideration of the suit property was fxed at Rs.1,60,000/-. Agreement to sell was executed on 22-04- 2008 by accepting earnest amount of Rs.60,000/-. On the same day possession receipt was executed, he was put in possession of the suit property. Thereafter by another document which was executed after a few days, plaintif No.2 had obtained amount of Rs.20,000/- from him and executed document to that efect. Now he is in possession of the suit property and has spent huge amount on its development. The plaintifs have fled false suit in order to grab the property.