PARASHRAM BABAN SHELAR Vs. DATTATRAYA MARUTI GALANDE

JUDGEMENT

(1.) AN unsuccessful plaintiff has filed this Second Appeal in this Court challenging the Judgment and decree passed by the 10th Additional District Judge, Pune in Civil Appeal No.614/1996.

(2.) FEW facts which are relevant for decision of this appeal, can be summarized as under:- .

(3.) THE learned Civil Judge, Junior Division, Ghodnadi at Shirur, District Pune, considering the rival pleadings of the parties, framed the issues. The parties went to the trial and adduced their evidence. The sale deed dated 2.9.1968 in favour of the plaintiff and Bhaguji as well as defendant is also placed on record. The sale deed dated 8.3.1994 in favour of the defendant which is placed on record is at Exh.50 and specifically mentions that the western side open plot admeasuring 20 ft. in width (East-West) and 23 ft. (North-South), the portion of which is described in the sale dead is sold by Bhaguji Shelar to the defendant. In short, the western side portion specifically mentioned in the sale deed is the subject matter of the dispute between the plaintiff and defendant in this appeal.