DHUDKU GANPAT MAHAJAN Vs. PRABHAKAR MADHAVRAO

JUDGEMENT

(1.) The present respondents are the original plaintiffs. They filed suit for possession, declaration and damages. The suit fields are agricultural lands bearing Sy. No. 1/2 and Sy. No. 54/3. It is contended by the plaintiffs that, one Madhav Martand Deshpande was the mortgagee of deceased Ganpat Motiram Mahajan i.e. these properties were mortgaged by Ganpat Motiram to Madhav Martand. Said Madhav Martand filed suit bearing R.C.S. No. 606/1937. The suit came to be decreed. The decree holder filed Regular Darkhast No. 1097/1944. In the darkhast proceedings the said agricultural lands were sold by auction. The plaintiffs purchased the suit agricultural lands in auction held in the said darkhast on 21-3-1955. The sale was confirmed on 25-6-1955 and the sale certificate was issued in favour of plaintiffs. Since then the plaintiffs are the owners of the property purchased in auction.

(2.) In the said darkhast proceedings bearing R.D. No. 1097/1944, the defendant No. 2 claimed to be the tenant. The plaintiffs moved application to the tenancy Court to declare that the defendant No. 2 is not the tenant. It was held that the defendant No. 2 is a tress passer. In the meantime, the defendant No. 1 sold the land to the defendant Nos. 2, 3, 4A to 4D and the plaintiffs also claimed declaration with regard to said sale deed. In the darkhast proceeding symbolical possession was given to the purchaser i.e. the present plaintiffs. Thereafter the plaintiffs have filed instant suit.

(3.) The defendant No. 1 denied the case of the plaintiffs in his written statement. The defendant No. 1 submitted that he allowed the defendant No. 2 to cultivate the land as tenant. The defendant No. 1 denied the Court has jurisdiction to try the suit.