BAPU KHANU DHANGAR Vs. GUNDU SANTU DHANGAR

JUDGEMENT

(1.) THIS second appeal has been preferred by the original defendants against the judgment and order of the learned VIth Additional District Judge, Kolhapur, in Regular Civil Appeal No. 440 of 1985 by which the learned District Judge has decreed the respondents suit for injunction restraining the appellants from interfering with the plaintiffs peaceful possession of the suit premises.

(2.) THE respondents filed the suit against the appellants seeking to restrain the appellants from entering into an open plot admeasuring 52 X 109 ft. bearing Gram Panchayat House No. 91.

(3.) THE respondents case was that the suit property is exclusively owned and possessed by them. Admittedly, though the respondents claimed that the property was purchased by their father Santu, no document of title, such as, Sale Deed, has been produced in the Court. The appellants case was that this property was purchased by their father Rama, who was joint owner of the suit property along with his brother Santu.