TAIBAI Vs. LAHUJI MANOHAR HANSKAR

JUDGEMENT

(1.) As a common issue arises in these revision applications, they are being decided by this common order.

(2.) The revision applicants in all these applications are the same and they are the original plaintiffs, who had filed suits against the respondents herein, for declaration, injunction and recovery of possession. According to the applicants, the respondents herein had encroached upon various portions in the suit property.

(3.) The applicants claimed that they had title in the suit property, as their predecessor had become exclusive owner thereof, on the basis of a registered gift deed dated 07/02/1948. In fact, the applicants had filed 21 suits for removal of such encroachments by various parties, including the respondents herein. All the said suits were decreed in favour of the applicants wherein findings were rendered that their predecessor had become owner of the suit property on the basis of the said registered gift deed dated 07/02/1948 and that they had been able to prove their title in the suit property. It was further found by the Court of Civil Judge, Senior Division, Gadchiroli (Trial Court) that the applicants had been able to prove that the respondents and other such persons had encroached upon the suit property and further that one Tukaram Borkute, through whom the respondents and other such persons were claiming title on the basis of sale deeds, had no right, title or interest in the suit property to be able to execute such sale deeds.