(1.) Challenge is set up in this second appeal to the judgment and decree passed in Regular Civil Appeal No.386/2011 delivered by learned District Judge-17, Nagpur wherein learned Judge of the appellate Court reversed the judgment and decree dated 03.06.2011 passed in Regular Civil Suit No.1132/1989 delivered by learned 19th Jt. Civil Judge Junior Division, Nagpur.
(2.) Initially, a suit for declaration and permanent injunction was filed by respondent/plaintiff against the original defendant, Pralhad Yadav alias Pralhad Ramsare Pali. The said suit was registered as Regular Civil Suit No.1132/1989. During the pendency of the said suit, defendant Pralhad expired. Therefore, appellants in this second appeal were brought on record.
(3.) By filing the suit, the plaintiff contended that the suit house was originally belonging to one Baliram Bhagwandin Pardesi. He inducted the plaintiff's father as tenant in one portion of the house. The plaintiff is in occupation and possession of the house bearing municipal Corporation House No.1243/0-3 (Old) 536 (New) near Hanuman Mandir, Gokulpeth, Nagpur. The plaintiff's father was inducted as tenant by Baliram in the year 1947. Baliram died on 23.10.1981. He was not having any near relatives and as such he was residing in one room in the suit premises alone during his lifetime.
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