SHIVAJI Vs. SATISH

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of the Code of Civil Procedure (for short 'CPC') by original plaintiff in R.C.S. No. 425/2012 and being aggrieved by the judgment and decree passed by the District Judge, Latur in R.C.A. No. 87/2017 has preferred this Appeal. Parties are referred to by their nomenclature in the original proceedings.

(2.) In short the case of the plaintiff and defendant, which has led to this appeal, can be summarized as follows: Plaintiff filed suit for declaration that he is the owner and in possession of land admeasuring 1H 68R land towards west side in Block no. 512 admeasuring

(3.) H 36R and has sought injunction restraining the defendant from disturbing his peaceful possession over the suit land. Plaintiff and Defendant no. 2 are brothers. It is claimed by Plaintiff that there was a partition between brothers in respect of land block no. 512 and land admeasuring 1H 68R land towards western side of the said block came to his share. He further stated that defendant no. 2 executed agreement to sell with plaintiff on 19/7/2003 in respect of 1H 68R land towards east side of the said land. Defendant no. 2 thereafter executed nominal sale deed in favour of defendant no. 1. With these averments, suit is filed by plaintiff on 30/1/2014. 3. Defendant no. 1 by filing written sttement denied the claim of the plaintiff about the ownership and possession of the suit land. He claimed that by virtue of registered sale deed dtd. 24/11/2003 executed by Defendant no. 3 in his favour he became owner and he is in possession of the suit land. It is also claimed that his name is also mutated in the revenue record in respect of the said land. It is alleged by these defendants that by agreement to sell between defendant no. 2 and plaintiff is false and nominal document.