KESHAV PATLOBA GITE Vs. RAM APPARAO GITE

JUDGEMENT

(1.) This is a second appeal filed by the plaintiffs against the judgment and decree of the lower appellate Court reversing the judgment and decree passed by the trial Court and it arises out of the following facts.

(2.) The suit relates to Survey No. 350/A admeasuring 8 acres 16 gunt has situated at Parli Vaijnath. Plaintiffs Keshav and Dhondiba are real brothers and plaintiff No. 3 Rakhmabai is their mother and they claimed that this was their ancestral property and that they were in possession of the same till they were forcibly dispossessed by the defendants on or about 5th April 1970. Hence they filed this suit for possession and for mesne profits, etc.

(3.) Defendants are also real brothers. They denied the plaintiffs' title and denied their possession till 5th April 1970. They densed further that they forcibly dispossessed the plaintiffs on 5th April 1970 as alleged by them. They contended further that this land and two other lands were originally owned by the plaintiffs' great grandfather and plaintiffs'cousin uncle Sambhaji. They further contended that Sambhaji orally sold his shaifi in these lands to their father for Rs. 2 700 O. S. on 9th Khordad 1334 Fasli. Then they pleaded bar of res judicata in view of the decisions in Suits Nos. 634 of 1334 Fasli, 257 of 1335 Fasli and 404 of 1353 Fasli.