PRABHAKAR KESHAVRAO AGASHE Vs. KESHAVRAO MADHAVRAO AGASHE

JUDGEMENT

(1.) In this appeal under section 9 of the Code of Civil Procedure, the appellant-original defendant, has questioned the legality and validity of the judgement and decree, passed in special civil suit no.154 of 1972.

(2.) The respondent is the original plaintiff, who initiated the above suit, against the present appellant, for declaration that the suit property is benami, and he is the real owner of the property, and for consequential relief of perpetual injunction, restraining the defendant, from transferring the suit property. The plaintiff is the father of the original defendant. Thus, the legal battle is between the father and son, in respect of the immovable property.

(3.) The original plaintiff -father inter alia, contended that he had purchased the suit property, in the name of the youngest son, Prabhakar (defendant), out of his provident fund and Gratuity income, and had constructed building thereon. In short, the plaintiff contended that he is the real owner of the suit property and the defendant was a benamidar, who was illegally collecting the rent and enjoying the benefits of the property. The plaintiff had requested his son (defendant) by a letter, that he should not collect the rent from the tenants residing in the property, as he is not the real owner. However, the son did not respond that request affirmatively. Therefore, the father filed the suit.