VATSALBAI VISHWANATH NAKHATE Vs. MADHAORAO LAXMANRAO THAKARE

JUDGEMENT

(1.) THIS is a second appeal filed by legal heirs of original defendant No. 1. The suit was decreed and the decree has been confirmed by the first appellate Court.

(2.) THE suit pertained to claim for delivery of possession of agricultural land survey Nos. 62 and 63/1 of Nimgavhan. It was suit by the original plaintiff madhaorao Laxmanrao Thakare on the basis of the claim that he is the owner of the suit property being the legal heir and adopted son of Ahilyabai who was widow of Laxmanrao Thakare.

(3.) ACCORDING to the plaint, the suit lands were let out to the defendant No. 1 for the period upto 1-3-1957 and it is alleged that the defendant No. 1 sub-let survey No. 105/2 to the defendant No. 2 soon and after the lease period was over, the defendants re-delivered the suit lands in possession of the owner ahilyabai who thereafter cultivated the land personally. Thereafter Ahilyabai was dispossessed sometime at the end of April, 1957. Consequent upon the death of the original owner Ahilyabai, the plaintiff madhaorao Thakare became the owner and, therefore, filed suit for possession of the suit land and also claimed mesne profit.