MANORAMA Vs. MAROTRAO TANBA

JUDGEMENT

(1.) Heard learned Counsel for the appellants and learned Counsel for the respondents.

(2.) The present appeal is filed being aggrieved by the judgment and decree dtd. 18/01/2003 passed by the learned Joint District Judge, Amravati in Regular Civil Appeal No.109/2000 confirming the judgment and decree dtd. 22/03/2000 passed in Regular Civil Suit No.82/1998 by the learned Joint Civil Judge, Junior Division, Morshi.

(3.) The brief of the appellants case is as under : The father-in-law of the appellant No.1/original plaintiff No.1 namely Januji Babuji Bondarkar was cultivating the field Survey No.21 of Shri. Eknath Dinkar Chandurkar from 1950- 1951 as a tenant of the said field. Accordingly, certificate of purchase issued to this effect on 21/03/1994 and registered sale- deed was executed by the Tahsildar on 22/03/1994. The father-in- law of the appellant No.1 got the absolute ownership and title of the suit field. But after death of Januji, his son namely Sitaram Januji Bondharkar being a legal representative got the title and possession of the suit field. Sitaram effected a family partition on 21/08/1997 and transferred the title and possession of the suit field in favour of the appellant Nos.1 to 4 who are the original plaintiff Nos.1 to 4. In view of partition by registered partition deed, the appellant/plaintiff got the absolute ownership and title of the suit field. The 7/12 extract statements are recorded in the name of father-in-law of the appellant No.1 as a cultivator of the suit field.