SHAKUNTALABAI AND ORS. Vs. RAMESH AND ORS.

JUDGEMENT

(1.) The decree dismissing the suit for possession of the house property, has been reversed by the First Appellate Court, vide its judgment and decree, dtd. 10/9/2003 passed in Regular Civil Appeal No.145 of 2000, the same is under Challenge in the present appeal.

(2.) The facts leading to the present appeal are that the plaintiff/Yashwant filed a suit for possession of the house property. It is the case of the plaintiff that the plaintiff and Nathuji, father of defendant Nos.1 to 3 and husband of defendant No.4, had jointly purchased a suit house on 11/7/1951 and the same was partitioned on 31/8/1954, thereby the plaintiff became absolute owner of the house on the southern side and Nathuji became the owner of northern side.

(3.) It is the further case of the plaintiff that Nathuji entered into an agreement to sale with one Smt Chadrabhagabai Kurhekar and on failure to comply the said agreement, she filed a suit for refund of earnest amount along with damages.