SHAH MHADU CHAMBHAR Vs. JINAPPA TIPPA MUDALE

JUDGEMENT

(1.) A short point which this appeal filed by original defendant No. 1, raises is as to whether the appellants contention that plaintiff had no title to the suit property is barred by res judicata. The point arises on the following facts :

(2.) The property is dispute in the present suit is an open plot admeasuring about 27 x 9. Plaintiff filed the present suit in which this appeal arises for recovery of possession thereof from the defendants on the allegation that this property belonged to him and that the appellant-defendant No. 1 was in possession thereof as a monthly tenant. It was stated that the lease in favour of the appellant was granted by the father of the plaintiff.

(3.) The 1st defendant resisted the claim by denying the allegation that he was in possession as a tenant but set up title in himself.