SUDAM BHAU KAMBLE Vs. DEVADE SHRIPATI MORE

JUDGEMENT

(1.) This second appeal is by the original defendants against the judgment and order of the Extra Assistant Judge, Satara, dated 4th January, 1974, allowing the plaintiffs appeal being Appeal No. 339 of 1971 against the judgment and order of the Civil Judge (Junior Division), Vaduj, dated 5th September, 1971 and decreeing the plaintiffs suit. The learned Civil Judge (Junior Division), Vaduj, by his said judgment and order had dismissed the plaintiffs suit being Regular Civil Suit No. 41 of 1969.

(2.) Plaintiffs suit was for a declaration that he was the owner of a land bearing Survey No. 255 in Mouje Katarkhatav, Taluka Khatav, District Satara, under a sale deed dated 30th July, 1965 from the defendants for Rs. 5,000/- and for a permanent injunction restraining the defendants from causing obstruction to the possession of the plaintiff in the suit property. The plaintiffs case was that the defendants were the original owners of the suit land and by a sale-deed dated 30-7-1965 they had sold the said land to the plaintiff for Rs. 5,000/-. The sale-deed was initially executed by defendants Nos. 1, 2 and 3 and subsequently defendant No. 4 had confirmed it by a confirming document dated 16th September, 1965. As stated in the sale deed after the execution of the sale deed the plaintiff was actually put in possession of the suit land. As according to the plaintiff on 9th April, 1969, the defendant obstructed the plaintiffs possession, the plaintiff filed the said suit for the above reliefs.

(3.) The trial Court held, inter alia that the plaintiff had failed to prove possession of the suit land and that by reason of the provision of section 40 of the Bombay Agricultural Debtors Relief Act, the sale was invalid. He accordingly dismissed the plaintiffs suit.