RAM GANU GHADGE Vs. HARI SAMBHU GHADGE

JUDGEMENT

(1.) This second appeal arises out of a suit filed by the plaintiff to recover from the defendants possession of a piece of land admeasuring 8 gunthas out of Survey No. 187/2 situate at Mhavashi in the Patan taluka of the Satara District.

(2.) Prior to the Falni survey, Survey No. 187/ 2 corresponded to Survey No. 187/3. The area of the land was 16 gunthas and was of the ownership of the plaintiff's grandfather Dulbaji. Dulbaji had two sons, namely, Sambhu and Dhondi. Each of the two sons had 8 gunthas for his share. The western portion of Survey No. 187/3-1 belonged to Dhondi, while the eastern portion of Survey No. 187/3-2 belonged to the plaintiff.

(3.) In 1917, the plaintiff mortgaged the eastern 8 gunthas along with some other properties to defendant 2. Defendant 2 brought Suit No. 231 of 1928 to enforce the mortgage and obtained a decree. In 1931 defendant 2 filed darkhast No. 136 of 1931 to execute the decree. The execution proceedings were sent to the Collector, and the Collector sold Survey No. 187/2, and it was purchased by defendant 1. The auction sale took place on 31st August 1932 and a sale certificate was issued on 28th November 1932.