DAGADU DNYANU DIWASE Vs. PRAKASH DATTATRAYA DIWASE

JUDGEMENT

(1.) This Appeal is filed by the Appellants challenging the Judgment and Decree dtd. 19/5/2023 passed by the District Judge-2, Kolhapur allowing Regular Civil Appeal No. 230 of 2016 and reversing the Judgment and Decree dtd. 8/7/2016 passed by the 8th Joint Civil Judge Junior Division, Kolhapur in Regular Civil Suit No. 912 of 2014. On account of the impugned decree passed by the first Appellate Court, Plaintiff's suit for recovery of possession of the suit property has been decreed with further directions to conduct an enquiry into mesne profits under Order 21 Rule 12(1C) of the Code of Civil Procedure, 1908 (the Code).

(2.) House property bearing City Survey No. 1046-C/13/3 admeasuring 33.6 sq.mtrs and two rooms in the house constructed thereon on the first floor admeasuring 386 sq. ft at Kolhapur is the subject matter of the suit (suit property). Plaintiff's case, as pleaded in the plaint, is that the land bearing C.T.S. No.1046/13/9/13 admeasuring 127.3 sq.mtrs was owned by Mr. Annaso Gangadhar Athane. Out of that property, an area admeasuring 33.3 sq.mtrs was purchased by Plaintiff's father-Dattatraya by registered Sale-deed dtd. 3/6/1968 by paying consideration of Rs.2,000.00. With a view to correct the error of non-description of division number, registered Correction Deed dtd. 6/5/1970 was executed by the vendor in favour of Plaintiff's father. On the basis of the said two documents, the Plaintiff claims ownership through his father in the suit property. It is Plaintiff's case that his father was in service at Shahu Mill, Kolhapur and he purchased the suit property out of his personal income and therefore the suit property is his self-acquired property. That the entire family consisting of Plaintiff, his parents and sisters were residing in the suit property before purchase thereof and all the charges like Municipal Taxes, Electricity Bill, etc. were always paid by the Plaintiff's father.

(3.) Plaintiff's father-Dattatray Laxman Diwase expired on 14/12/1998. Plaintiff's sisters executed registered Relinquishment Deed dtd. 26/12/2008 releasing their rights in respect of the suit property in Plaintiff's favour. That therefore Plaintiff's name was mutated to the revenue records of the suit property. Plaintiff pleaded that his uncle-Dnyanu Laxman Diwase owned Plot No.12 admeasuring 500 sq.ft at Mahadik Vasahat, Kolhapur, in which his entire family consisting of his children were residing. That the said plot was given for development by the family of Dnyanu in 1991-92 and consideration for such development was received by Dnyanu's family.