SARDAR GURPREETSINGH Vs. SANGEETA BHAGCHAND BHAVLE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties taken up for final hearing at the admission stage.

(2.) This writ petition is preferred by the petitioner, being aggrieved by the judgment and order passed by the learned 2nd C.J.S.D., Aurangabad dtd. 6/10/2020 below Exhibit-26 in RCS No.462/2016 whereby application for rejection of the plaint came to be rejected.

(3.) Facts giving rise to this petition are that plaintiffs have filed RCS No.462/2016 in the Court of C.J.S.D., Aurangabad alleging therein that the suit land ad-measuring 450 feet (East - West) out of survey no.22/2, CTS No.18823 to 18835 ad-measuring 2 acres 2 gunthas has come to the share of Bhagchand. It is alleged that one Harnam Singh was the original owner in possession of the land to the extent of 2 acres 2 gunthas. In this property one Manjulabai had started brick kiln. In the year 1952, original owner Harnam Singh had constructed a bungalow in this land and there was a brick kiln also. Harnam Singh used to sell bricks and Manjulabai and the labourers used to prepare the bricks. It is further alleged that in the year 1971 Harnam Singh sold the land to the extent of 1 acre from the aforesaid 2 acres 2 gunthas to Manjulabai for Rs.3,000.00. In the year 1975, remaining 1 acre land was sold by the said Harnam Singh to Manjulabai for Rs.10,000.00 and 2 gunthas of land was donated by him to other persons. In the year 1976, Harnam Singh died and brick kiln was demolished. Manjulabai became the absolute owner of the said 2 acres land.