RANGUBAI BHANUDAS SAUDAR Vs. RAMKRISHNA ABAJI JADHAO

JUDGEMENT

(1.) The appellants/defendants, who lost in both the courts below have preferred this second appeal.

(2.) The facts giving rise to this appeal are as under - The subject matter of the suit is 7 acres out of gat No.91 of village Sawargaon Teli in Buldhana district. Defendant no.1 is the mother of defendant nos.2 to 5. Defendant no.1's husband and defendants no.2 to 5's father had sold the said field to the plaintiff on 7/1/1955. The said field has been in possession of the plaintiff since then continuously. However, in the year 1986-87, the defendants illegally took possession of the suit field from the plaintiff. The plaintiff, therefore, instituted suit for possession and damages.

(3.) The defendants resisted the suit and denied that they have forcibly taken possession of the suit field. Their contention is that Bhanudas the deceased had borrowed a sum of Rs.500/- from the plaintiff. He could not repay that amount. Since he could not repay the amount of Rs.500/-, the plaintiff added Rs.1000/- towards interest and obtained a nominal sale-deed in his favour on 7/1/1955. The said sale-deed was executed by said Bhanudas by way of security. Further it is the contention of the defendants that it was agreed that the sale-deed was never to be acted upon. Loan was agreed to be paid at the interest at savai rate. It was further agreed that as soon as the amount is repaid, the plaintiff would reconvey the field to Bhanudas. The defendants several times requested the plaintiff to convey the field to them but plaintiff avoided to do so. Further the defendants' contention is that they repaid sum of Rs.1850/- to the plaintiff in the year 1956 itself. The plaintiff refused to execute the sale-deed i.e. reconveyance and said that since amount has already been paid and since the defendants are already in possession, there was no problem even if reconveyance-deed is not executed. The defendants also contended that they are in adverse possession of the suit property.