Mumbai Nagpur Court April 2011 Judgments

Shankarlal Ganulal Khandelwal Vs. Balmukund Surajmal Bharuka, and ors.

Court: Mumbai Nagpur

1. This appeal is directed against the judgment and decree dated 27.2.1983, passed by the District Judge, Buldana in Regular Civil Appeal No.271/1979 by which the first appellate Court reversed the judgment and decree dated 10.12.1979 passed by the Civil Judge, Junior Division, Malkapur in Regular Civil Suit No.50/1977.FACTS :2. Appellant - Shankarlal filed a civil suit bearing Regular Civil Suit No.50/1977 in the Court of Civil Judge, Junior Division, Malkapur contending therein that he executed a nominal sale-deed on 23.11.1972 of plot No.14 admeasuring 2,000 sq. ft. owned by him in favour of the respondent/defendant for an amount of Rs.10,000/- because he badly needed the money for his business and treatment. The respondent had given a promise that the respondent/defendant would cancel the nominal sale-deed and re-execute the sale in favour of appellant/plaintiff upon repayment of Rs.10,000/- with 6% interest. He then stated that on 7.3.1977 however the respondent tried to take poss...