DATTATRAY GOPAL Vs. NEERABAI TUKARAM

JUDGEMENT

(1.) The Second Appeal is filed against concurrent findings of the Trial Court and the first Appellate Court decreeing Plaintiff's suit for declaration of ownership and possession of suit property. The appeal challenges Judgment and Decree dtd. 7/12/2022 passed by District Judge-III, Raigad at Alibaug in Civil Appeal No. 64 of 2010 thereby confirming the Judgment and Decree dtd. 23/4/2010 passed by the 3rd Joint Civil Judge, Junior Division, Alibaug in Regular Civil Suit No. 170 of 2005.

(2.) Briefly stated, facts of the case are that, one Hiru Gopal Mhatre was the owner of various properties and after his demise, his two sons Krishna Hiru Mhatre and Narayan Hiru Mhatre inherited them. By way of Mutation Entry No.1779 effected on 1/5/1969, a partition was recorded between the two sons-Krishna and Narayan, in which the lands bearing Gat Nos. 654, 673, 680 and 721 came to the share of Narayan Mhatre. He purchased properties bearing Gat Nos. 653 and 678 as a tenant under provisions of Ss. 32-G of the Maharashtra Tenancy and Agricultural Lands Act, 1948. Narayan also purchased land bearing Gat No. 829 by Sale deed dtd. 7/6/1943.

(3.) Out of the lands owned by Narayan, the land bearing Gat Nos. 653, 654, 673, 678, 680, 721 and 829 and House No. 129/A at Village Dhokawade, Talula Alibaug, District Raigad are 'Suit Properties'.