SUBHASH KRUSHNAJI JAGTAP Vs. MARUTI KRUSHNA JAGTAP

JUDGEMENT

(1.) The above Second Appeal arises out of the Judgment and Order dated 25/09/2012 passed by the learned District Judge2, Satara in Regular Civil Appeal No.181 of 2012 by which the Judgment and Decree dated 12/4/2012 passed by the learned Civil Judge, Junior Division, Phaltan in Regular Civil Suit No.44/2011 came to be confirmed.

(2.) The Appellant herein is the original Defendant in the said Regular Civil Suit No.44/2011 which has been filed by the Plaintiff for declaration and injunction. The Suit property is Gat No.729 admeasuring 2 Hectors and 14 Ares situated at village Khamgaon, Tal. Phaltan, Dist.Satara. It was the case of the Plaintiff that he is the owner of the Suit property and since the date of purchase he has been in continuous possession of the same.

(3.) The Suit was resisted by the Defendant on the ground that the entire consideration for the purchase of the property in question was paid by the Defendant, however, on account of some technical difficulties and since the relations between the Defendant and Plaintiff, who are brothers, was cordial, that the sale deed was got executed in the name of the Plaintiff. It was further the case of the Defendant that at the time of execution of the sale deed, the Plaintiff was not even present. It was further the case of the Defendant that he had invested a huge amount and got the land levelled and also constructed a cattle shed admeasuring 30x25 ft. and that he has been staying in the said cattled shed since last 10 to 12 years prior to filing of the Suit in question. The cause for filing the Suit by the Plaintiff was the alleged obstruction caused by the Defendant in the property in question which is in possession of the Plaintiff.