RAMBHAU BHADUJI BHENDE Vs. KISAN BHANDUJI BHENDE

JUDGEMENT

(1.) THE short question that is involved in this appeal is, whether a co-owner can claim title to joint ownership property by way of adverse possession as against other co-owner without an overt denial of the title of the Jatter by the person in possession?

(2.) THE original plaintiff Rambhau Bhaduji bhende and original defendant Kisan Bhaduji bhende died during the pendency of this appeal and their legal representatives have been brought on record.

(3.) THIS second appeal has been filed by the original plaintiff Rambhau against the judgment and decree passed by the 2nd Additional District Judge dated 4-10-1989 in regular Civil Appeal No. 203 of 1983, who dismissed the appeal with costs and confirmed the findings of the trial Court dismissing the suit, i. e. Regular Civil Suit No. 571 of 1999, of the plaintiff for partition, possession and mesne profits. .