CHHABUBHAI BALKRISHNA SUTAR Vs. PANCHAN LADHA SAVALA

JUDGEMENT

(1.) The Second Appeal has been preferred against the Judgment and Order dated 7th October, 1991 of the Additional District Judge, Pune in Civil Appeal No.265 of 1984 by which the Judgment and Decree dated 23rd June, 1983 passed by the Joint Civil Judge, Senior Division, Pune in Special Civil Suit No.131 of 1972 has been confirmed. The Courts below have held that the Suit filed by the plaintiffs, who are the appellants herein, was barred by limitation and have therefore dismissed the Suit.

(2.) The brief facts involved in the present Second Appeal are as follows :

(3.) The land bearing Survey No.113 in Kothrud is the subject matter of the present Second Appeal. According to the appellants, who were the plaintiffs before the trial Court, they have a 1/3rd share in the suit property. The suit land admittedly was owned by one Patlu, Bholu and Dagadu Mathfod who were cousins. After the death of Patlu, his share in the undivided ancestral property devolved upon his son Baban and wife Laxmi, who were defendant Nos.3 and 4 in the Suit. Bholu's share devolved on his son Genu after his death and Genu was succeeded by Gangaram and his wife Yamunabai. After the death of Dagadu, his share devolved on Gangubai. The plaintiffs claim that Gangubai sold her undivided 1/3rd share in the suit land to their father, Dhondiba Chavan on 12th July, 1932. The record of rights was mutated and the entry was certified on 19th February, 1934. After the death of Dhondiba, the property devolved on Jeejabai, his wife. The plaintiffs claim that the property then devolved on them when they were minors, after their mother's death. The plaintiffs contend that their names were entered into the record of rights on 5th June, 1946 by mutation entry No.955 which was certified on 12th October, 1946. Since they were minors, the entry was made in the name of Sunderabai, who was their guardian, being their father's sister.