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1973 Supreme(Bom) 71

M.N.CHANDURKAR
Shankar Madhaorao Gampawar and Ors. – Appellant
Versus
Maltibai – Respondent


JUDGMENT - 1. The appellants are the defendants who are the heirs of one Madhaorao Gampawar. The plaintiff brought a suit for possession of a house situated at Chanda basing her claim on a document which is styled as a conditional sale deed executed by Madhaorao on 18-6-1953 for a consideration of Rupees 9,00/-. The terms of the deed were that in case the defendants father Madhaorao paid back the amount of Rs. 9,00/- in one year, the plaintiff should execute a deed of reconveyance and deliver back the possession of the house property to him; but if the defendants father failed to pay back the amount of Rs. 9,000/- as agreed, the conditional sale deed would be an absolute one and the defendants father would lose and forfeit his right of getting a deed of reconveyance. The plaintiff alleged that the defendants father had paid only rs. 1,600/- by 20-6-1954 which was the last date fixed for getting a deed of reconveyance and that her conditional sale deed had become an absolute one and, therefore, she was entitled to possession. After the initial payment of Rs. 1,000\- by the defendants father made on 29-4-1954, he had further paid Rs. 1,100/- on 7-1-1955; Rs. 400/- on 6-4-1955 Rs.1,







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