JUDGMENT

The plaintiff in a suit for specific performance and declaration that Sale Deed No.3722/1997 dated 16.10.1997 is a sham document which was not intended to take effect has come up in this appeal aggrieved by concurrent findings against him.

2. The brief facts necessary for the disposal of the appeal are as follows:

The appellant/plaintiff contended that the plaintiff had borrowed a sum of Rs.40,000/- from the defendant as financial assistance. The property in question was given as a security for the aforesaid purpose. The document, though executed on 16.10.1997, was never intended to convey any right, title and interest to the defendant. The plaint schedule property will fetch Rs.30,000/- per cent and it is unbelievable that 20 cents of the property was sold for Rs.40,000/-. It was further contended that the plaintiff and the defendant had an oral agreement to reconvey the property. Since the defendant failed to reconvey the property, hence the suit. The defend