KRISHNAJI RAMCHANDRA Vs. RAGHUNATH SHANKAR

JUDGEMENT

(1.) THESE two appeals arise respectively from suits Nos. 79 and 117 of 1943 filed by the plaintiff appellant to recover from defendants l and 2 and their tenants possession of the suit property. The facts leading up to the suits are shortly these.

(2.) THE property in dispute in suit No. 79. is survey No. 271 and a vacant house-site. The property in dispute in suit No. 117 consists of four fields. The fields bear survey Nos. 83/2 and 84 of Kuroli, survey No. 844/2 of Mahim and survey No. 17 of Bhandi-Shegaon. These properties originally belonged to the adoptive father of the plaintiff. There was a third suit (No. 633 of 1942) and the property in dispute in that suit consisted of two fields bearing survey Nos. 270 and 295. The plaintiff's case was that these properties belonged to Ramchandra who adopted the plaintiff in 1930 and died on 24-1-1931. It was alleged by the plaintiff that he obtained possession of these lands as the adopted sort of Ramchandra, but in October 1936 Shankar, the? deceased father of defendants 1 and 2, got the lands entered in his name in the record of rights, and relying upon the entries in the record of rights he dispossessed the plaintiff. As the plaintiff was dispossessed illegally, he filed the three suits for possession against Shankar's sons as defendants 1 and 2 and against the tenants in possession of the suit property.

(3.) SUIT No. 633 was filed on 13-7-1942; suit No. 79 was filed on 25-1-1943, and suit No. 117 was filed also on 25-1-1943.