YESHWANT RAMRAO DESHMUKH Vs. GANESHLAL DHANLAL MARWADI

JUDGEMENT

(1.) This case illustrates how even after obtaining a decree for partition in 1946 in their favour, the appellants are driven from Court to Court to establish their right to get possession and are still without possession of the suit land till today and perhaps may have to wait for a decade if things go at this rate in our legal system.

(2.) Appellants Nos. 1 and 3 were the sons of the original appellant No. 3 Mandodarabai Deshmukh who is now represented by appellants Nos. 1 and 2 and her husband Ramrao Narayan Deshmukh, respondent No. 3, who also died during pendency of the above appeal and is now represented by appellants Nos. 1 and 2.

(3.) Ramrao had a brother Tryambak Narayan who died on April 19, 1939. There was an award to Tryambak bearing No. 427 of 1931 in favour of the Lohare Co-operative Credit Society. In execution of the said award the suit property consisting of Survey No. 604 measuring 15 acres assessed at Rs. 39-81, situated at Mauja Lohare, Taluka Pachora was sold to the father of the plaintiffs, respondents Nos. 1 and 2 in an auction held by the Special Recovery Officer under the Bombay Co-operative Societies Act on October 25, 1938. A sale certificate, produced at Exh. 50 on record, was issued in respect of the sale on January 8, 1949 as the sale was not confirmed till December 29, 1948. The said property was also put in possession of the father of the plaintiffs on January 31, 1949 and since then plaintiffs, respondents Nos. 1 and 2 and their predecessor, father Dhanalal were cultivating the field as owners thereof. The plaintiffs succeeded to the possession and title of the property after the death of Dhanalal.