SHEIKH GAFFAR Vs. KASTURIBAI

JUDGEMENT

(1.) THIS second appeal by the Defendant arises out of a suit for declaration of title and for possession of a house situated in the Mangalwara Ward of Bhopal. The details of the house are given in paragraph 1 of the plaint. The claim of the Plaintiffs was decreed by both the Courts below and hence this appeal.

(2.) BRIEFLY stated, the facts are that the house in question was sold by Respondent (Defendant No. 2), Moti, in favour of the Appellant on 2 -8 -1957 for Rs. 185/ - by sale deed (Ex. D -1). On the same day, the Appellant executed, in favour of Moti, the vendor, an agreement (Ex. P -9) for the resale of the house to him within three years on repayment of Rs. 185/ - along with the arrears of rent and expenses of repairs. It is admitted that the physical possession of the house remained with Moti and was never given to Gaffar. Subsequently, while the agreement of repurchase was still in force, the Plaintiff purchased the house from Moti on 31 -3 -1949 for Rs. 300/ - and only a few days after in the month of April 1949, Moti deposited Rs. 125/ - in the Court of the Civil Judge for payment to Sheikh Gaffar The purchaser Smt. Kasturibai obtained permission for repairs of the house in the month of June 1949 (vide Ex. P -5).

(3.) ON behalf of the Appellant, the following points have been raised for consideration: