MANMAL SHIRCHAND OSWAL Vs. SAHEBJADA AMIRJADA SHIRAJI

JUDGEMENT

(1.) THIS appeal is preferred by the original plaintiff whose suit for possession of the suit premises was decreed by the trial Court. In an appeal carried by the respondents, the decree was refused by the Appellate Court, against which this second appeal has been admitted.

(2.) THE suit premises are a portion of one shed of a piece of property, totally admeasuring 47839 yards on final plot No. 141/a situated at Karad, District Satara. Since the transaction is of the year 1966, the portion of the property which is the subject matter of the suit has been described as a 2 Anna share from the total 478 sq. yards. This 2 Anna share is referred to suit property for the sake of convenience. At the outset, it must be noted that there is no dispute whatsoever as to the other portion of the property, that is, the 14 Annas share of 478 sq. yards.

(3.) THE appellants purchased the suit property from one Ashabai Shaikh by a registered sale deed dated 14-1-1966 Exhibit 23. By this registered sale deed, Ashabai purported to convey the entire 16 Annas share, that is, the entire property admeasuring 478 sq. yards from final plot No. 141/a. It is admitted position that Ashabai was in fact owner of 14 Annas share. Therefore, no dispute for that 14 Annas share in the suit plot has been voluntarily conveyed in favour of the plaintiff.