CHANDRASHEKHAR SIDRAMAPPA CHINCHANSURE Vs. BHAURAO SIDRAMAPPA CHINCHANSURE

JUDGEMENT

(1.) This revision application arises out of the suit filed by the plaintiff against the petitioner as defendant No. 1 and two others as defendant Nos. 2 and 3 in the original suit. The plaintiff filed this suit on 27th February, 1978 against the above a defendants for recovery of Khas possession regarding lands Survey Nos. 58-A and 60 situated at Kasar Sirsi, Taluka Nilanga. It is alleged in the suit that the plaintiff as the exclusive owner was in possession of the suit lands. Under the partition, which took place during the life time of his father, some 20 years, back, the lands, which fell to the share of the plaintiff, were given to the share of defendant No. 2 and some lands, with which we are not concerned, were given to defendant No. 1 and land Survey No. 103/B of Kasar Sirsi was allotted to defendant No. 3 in the suit.

(2.) The plaintiff further alleges that the suit lands have no concerned with the defendants. The plaintiff became exclusive owner of these lands under the partition and on the basis of that partition, sharers had got their respective shares and they were in occupation of the respective allotted shares.

(3.) It is further alleged that the plaintiff is a Government servant and he was unable to look after the property. As he was unable to look after the property, it is alleged in paragraphs Nos. 9, 11 and 13 of the plaint, that a vague proposal was made to the plaintiff by the defendants to form a co operative society and for that purpose some signatures were obtained and under those signatures, an application was given to the authorities concerned and it appears that is some change of lands which fell to the share of the plaintiff and the plaintiff alleges that the defendants fraudulently attempted to obtain the suit land which do not belong to them in partition.