SHRIPAT RAO Vs. RAGHUVIRSINGH

JUDGEMENT

(1.) The plaintiffs were successful in the trial court but were unable to convince the lower appellate court. The verdict having gone against them they have preferred this second appeal.

(2.) The case of the plaintiffs is that they were in need of money. They accordingly proposed to the defendant to advance some amount by way of loan. It is stated that the defendant agreed to advance a loan on the condition that a proper security should be furnished. The condition laid down was that the plaintiffs should execute a sale deed in favour of the defendant. It was also agreed that in the event of repayment of the loan amount with interest at the rate of 6 per cent per annum the defendant would reconvey the land to the plaintiffs. The outer limit for reconveyance was fixed as 5 years. It is stated that on above arrangement having been agreed upon the plaintiffs sold their land vide two agreements executed on 27/06/1962 in favour of the defendant. The land which was subject-matter of the two registered sale deeds is located in survey No. 1386 and 1387 and is as under: Survey No. Area 261 0.16 259 6.00 360 4.03 370 8.16 372 6.07 374 2.07 344/1115 0.11 355/1116 1.01 ________________ Total No. 8 30.01 ________________ Sale made by plaintiff No. 2 :- 286 1.01 293 3.10 297 1.02 304 1.02 301 1.03 310 0.07 311 4.02 313 3.10 317 1.05 318 3.06 319 3.12 336 2.18 368 1.19 371 1.17 _________________ Total No. 14 30.04 ________________

(3.) The two sale transactions were for a consideration of Rs. 800/- each.