MADANLAL PANNALAL BHANGADIYA Vs. PRALHAD NARAYAN ATOLE

JUDGEMENT

(1.) The above Second Appeals arise out of the judgment and decree passed in Regular Civil Appeal No. 43/1992 dated 26.08.1994 (i.e. Second Appeal No. 371/1994) and judgment and decree passed in Regular Civil Appeal No. 410/1989 dated 20.08.1994 (i.e. Second Appeal No. 396/1994). Since the substantial question of law involved in the above Second Appeals are common viz. Construction of document marked at Exh.76 in Second Appeal No. 371/1994, both the appeals were tagged together and are therefore, being heard and disposed of by this common judgment.

(2.) The facts in nutshell can be stated thus

(3.) In so far as the Civil Suit No. 219/1982 i.e. the suit filed by Pralhad is concerned, the same was dismissed by the trial Court by its judgment and order dated 30.01.1992, interalia holding that the existence of gadhi at the relevant time could not be made out and, therefore, the Plaintiff could not claim 10 cubits land surrounding the said gadhi. The trial Court disbelieved the evidence adduced on behalf of the Plaintiff through his witnesses, on the ground that both the witnesses had admitted that they had not seen the title deed of the property of Plaintiff before purchase. The Trial Court was of the view that the testimony of the said witnesses is not at all useful for the Plaintiff to prove his title to the property.