KISHAN ARJUNA KHANSOLE Vs. ABABUWA BABA KHANSOLE

JUDGEMENT

(1.) THIS second appeal is directed against the judgment dated 19th August, 1983 of the Extra Assistant Judge, Nanded in Regular Civil Appeal No. 116 of 1981 whereby the judgment and decree dated 27th February, 1981 of the Joint Civil Judge, Junior Division, Nanded came to be set aside.

(2.) THE dispute is between the uncle and the nephew and it pertains to one acre of land originally from Survey No. 89 situated at Village Kamlaj, Taluka and District, Nanded. Survey No. 89 admeasures 7 acres and 12 gunthas, which was partitioned. Half of this land admeasuring 3. 26 acres came to the share of the respondent and was given survey and was numbered as Survey No. 89/a and the other equal half land admeasuring 3. 26 acres came to be allotted in the share of the appellant and was numbered as Survey No. 89/b.

(3.) THE appellant - Kishan (uncle) sold 2. 26 acres land out of his holdings to his nephew respondent Ababuwa by registered sale deed in the year, 1970. After having sold the land to his nephew, Kishan left the village and migrated to a place known as Village Sategaon - Sangvi in Taluka Biloli, District Nanded. Thus, the respondent became owner of the land admeasuring 3. 26 acres out of Survey No. 89 on account of partition which had admittedly taken place and 2. 26 acres land on account of sale deed executed by the appellant - Kishan in his favour in the year, 1970. Out of total area of 7. 12 acres in Survey No. 89, the respondent thus, became owner of 6. 12 acres. The ownership of one acre of land remained with the appellant - Kishan who had left the village and settled in another village as stated earlier.