KASHINATH Vs. VAIJINATH

JUDGEMENT

(1.) Heard Shri Milind Patil, learned Advocate, for the appellant and Shri M.M. Patil (Beedkar), learned Advocate for the Respondent. Parties are hereinafter referred to as per their original status i.e. Plaintiff and Defendant.

(2.) Present appeal is directed against the judgment and order dated 3.1.1990 rendered by the learned District Judge, Osmanabad, in Regular Civil Appeal No. 246 of 1982, thereby allowing the said appeal and setting aside the judgment and decree passed on 30.9.1982 by the learned Joint Civil Judge, Junior Division, Osmanabad, in Regular Civil Suit No.156 of 1978, and consequently, dismissing the said suit filed by the plaintiff.

(3.) The case of the plaintiff is that he is the owner of survey No. 66/2 of village Singoli, Taluka and District Osmanabad, in all admeasuring 13 acre 4 guanthas. He obtained loan of Rs.4000/= from Maharashtra Land Development Bank, Osmanabad, by mortgaging the said survey No.66/2 with the said bank. It is further averred by the plaintiff he had not paid the said loan and, therefore, the bank authorities were pressing hard for recovery of the said amount. It is further averred by plaintiff that on 29.6.1972, he agreed to sell northern side portion of 2 acres 1 guntha land from the said survey No.66/2 to the defendant, for Rs. 4000/=. It is the contention of the plaintiff that he also made the defendant aware about encumbrances on the said property.