KULWANT KAUR Vs. SUKHRAJE

JUDGEMENT

(1.) This appeal has been preferred by the defendants who have lost in both the courts. This Court vide order dated 08.8.1995 while admitting the appeal had framed the following substantial question of law:-

(2.) The defendants filed the written statement in which, inter alia, it was pleaded that there was no loan transaction between the original plaintiff and the defendants. The plaintiff after obtaining the sale consideration of Rs. 5,000/ - had executed the sale deed in favour of the defendant No. 1. The defendants are in possession of the suit house. However, the plaintiff was permitted to occupy the suit house as tenant as he had no alternative accommodation. It was further pleaded that the plaintiff had paid the rent upto June, 1983. Thereafter he has stopped paying rent. An objection with regard to valuation of the relief claimed in the suit was also taken on behalf of the defendants.

(3.) The trial Court after recording the evidence of the parties, by judgment and decree dated 07.10.1988 decreed the suit preferred by the plaintiff. The trial Court on the basis of the meticulous appreciation of evidence on record, inter alia, held that the relationship of landlord and tenant does not exist between the parties to the suit. It was further held that the sale deed was executed as a security for loan taken by the original plaintiff which was nominal and was not intended to be acted upon. Being aggrieved by the aforesaid judgment and decree, the defendants preferred an appeal. The appellate Court vide judgment and decree dated 05.1.1995 has affirmed the findings recorded by the trial Court.