SHANTABAI VENICHAND SHAH Vs. KRISHNABAI HARIBHAU

JUDGEMENT

(1.) THIS Second Appeal by the original plaintiff is directed against the judgment and decree passed by the learned Additional District Judge, Pune in Regular Civil Appeal No.34 of 1985, which was filed by the original defendant nos.1, 3 to 6, challenging the judgment and decree passed by the 2nd Joint Civil Judge, Senior Division, Pune in Special Civil Suit No.215 of 1978, wherein the decree for possession of the suit property was passed.

(2.) THE brief facts leading to the controversy between the parties can be summarized as under :

(3.) THE plaintiff in her suit has further stated that she had filed an application for getting her name recorded in the record of rights to the Tahasildar, somewhere on 31st August 1968, but the Tahasildar dismissed her application in the year 1969. The applicant thereafter has given the history of appeal under the provisions of the Maharashtra Land Revenue Code and especially Section 247 and ultimately has stated that RTS Appeal No.1967 of 1970 came to be dismissed by the learned Additional Collector by the judgment and order dated 21st August 1971 and the name of the plaintiff came to be shown as owner in respect of lands bearing Survey Nos.32/1, 32/2, 80/1 and 80/2. The plaintiff has alleged that Laxmibai Dhondiba had taken undue advantage of the transactions and entered her name in the record of rights and sold part of Survey No.80/1 to the extent of 6-1/2 gunthas to the defendant no.1 by sale deed dated 21st January 1963. This land is the subject matter of the present suit bearing Survey No.80/1-B. The plaintiff contends in the suit that the transaction of the sell entered by the said Laxmibai Dhondiba Bhosale is illegal, inoperative and void as she had no title to the suit lands. According to the plaintiff, the plaintiff's brother Kesarimal-lunatic had purchased the above mentioned lands along with the suit property through the court auction and that the plaintiff being the only legal heir to late Kesarimal she obtained the Sale certificate in her name vide Court's order dated 23rd April 1962 as stated above in Application No.114 of 1964.