SATCHITANAND DAMODHAR NAIK Vs. LAXIMAN A BORDEKAR

JUDGEMENT

(1.) This is plaintiffs' Second Appeal arising from Regular Civil Suit No.66/ 2004.

(2.) Heard Shri. S. G. Dessai, the learned Senior Counsel on behalf of the appellants - plaintiffs. The dispute between the plaintiffs and the defendants is regarding a house having house no.63 (old) situated in Survey No.3/13 of Bordem Village.

(3.) There is no dispute that the plaintiffs are the owners of property surveyed under Nos.3/12 and 3/14. Claiming that the said house was an outhouse of the plaintiffs in which Malinibai Bordekar was temporarily permitted to reside, she being the maid servant of the plaintiffs' parents and the plaintiffs and was residing with her brother Laximan Bordekar (Defendant no. 1 ) and the suit property under Survey No.3/13 was part of the plaintiffs' property purchased by the father of the plaintiff no.l in an auction held on 23/02/1942 and later having been allotted to the father of the plaintiffs by a deed of division dated 3/12/1951, the plaintiffs filed the suit for the eviction of the defendants from the suit hous bearing nos.63(old) and 2/370 (new) of village Bordem and the suit property surveyed under no.3/13.