DNYANOBA PANDURANG GAVALI Vs. VITHAL PANDURANG SHEDGE

JUDGEMENT

(1.) The aggrieved original defendant has filed this second appeal to challenge the concurrent findings against him. Regular Civil Suit No. 249 of 1982 filed by the respondents herein against the appellants was decreed by judgment dated 15th March, 1990 by First Joint Civil Judge Junior Division, Satara and decree for specific performance of re-conveyance deed, for possession and mesne profit was passed. The same was confirmed by Additional District Judge, Satara in Regular Civil Appeal No. 188 of 1990 by judgment dated 10th April, 1997.

(2.) Heard learned advocate Shri. V.S. Talkute for the appellants and Shri Dilip Bodake for the Respondents. In order to decide this appeal, the material facts are essential:

(3.) According to the case of the plaintiff the first Sale Deed was in fact a mortgage transaction. The defendant has accepted the said fact and has executed fresh Sale Deed along with Deed of Re-conveyance. The plaintiff was put in possession of the suit land at the time of 2nd Sale Deed. No time limit was fixed for re-conveyance. The plaintiff by notice dated 7th March, 1982 called upon the defendant to execute the re-conveyance.