MANOHAR RAMAKRISHNA SHIRODKAR Vs. TRIMBAK RAMA KELKAR

JUDGEMENT

(1.) The substantial question of law that requires determination in this Regular Second Appeal filed by the defendant is that:

(2.) For proper appreciation of this question of law, the facts and circumstances of the case placed before the trial Court and before the first Appellate Court is absolutely necessary.

(3.) The property bearing CTS Nos. 1814 and 1814/1 is at Belgaum. There was an open space lying in front of this house numbered as CTS 1814/A. One Smt. Krishnasani, original owner, sold the property to one Gangadhar Govind under a registered Sale Deed dated 16-9-1885. A wall situated in the Eastern side was described as of the ownership of the owner. This property was again given to one Smt. Umabai Godbole under "Farakat Patra" dated 23-12-1889. Umabai's daughter inherited after the death of her mother by name Kashibai. Later on, the grandson of Smt. Kashibai, one Krishnaji inherited the same. Later on, it was sold to the plaintiff for a sum of Rs. 4,000/- under a registered Sale Deed dated 8-5-1962. It is the contention of the plaintiff that by mistake, the Eastern wall was described as of the common ownership of plaintiff and defendant. During March 1968, the defendant tried to raise the wall by closing the window. When the plaintiff protested, the defendant agreed to execute a document admitting the ownership of the plaintiff. Believing this promise, the defendant was allowed to carry out the work. But the defendant failed to execute the agreement inspite of legal notice.