VIMAL CHAND GHEVARCHAND JAIN Vs. RAMAKANT EKNATH JAJOO

JUDGEMENT

(1.) Leave granted.

(2.) Plaintiff is the appellant before us. Father of the respondent was owner of four godowns and the land surrounding them admeasuring 1 acre and 4 guntas being Survey No. 462, situated at Village Saikheda, Taluka Niphad, District Nasik. The said godowns were numbered as Grampanchayat No. 753 to 761. Indisputably, a deed of sale was executed by the father of the respondent in favour of Vimal Chand Ghevar Chand Jain & Co., a partnership firm, on or about 29.6.1974. The said deed of sale was registered at Mumbai. Respondent himself was a witness to the said deed of sale. On or about 1.7.1978, the possession of the said property was allegedly handed over to the father of the respondent as a licensee at an agreed licence fee of Rs. 1,257.50 per month. The said partnership firm was dissolved pursuant whereto the appellant became the owner of the said property. Appellants contend that the respondent had made payments towards licence fee by a cheque but when deposited, the same was dishonoured.

(3.) Respondent, in his written statement, denied and disputed the said transactions. We may notice some of the statements made therein : "25. The title of the suit property was with my Advocate. After that I have received the title. Plaintiffs have never objected to that. I was never the owner nor having possession after this suit. I have made a wrong application to put my name as owner. And enclosed statement in English. Plaintiffs are calling this statement in English as Sale Deed. Neither me nor my father have executed any Sale Deed. We have never sold the suit property.