GHANSHYAMDAS VALLABHADAS GUJRATHI Vs. BRIJRAMAN RASIKLAL

JUDGEMENT

(1.) The defendant in Special Civil Suit No. 41 of 1978 preferred this appeal against the judgment and decree dated 27th March, 1981 passed by the learned Civil Judge (Senior Division), Nasik, decreeing the plaintiffs suit for recovery of possession of the property bearing C.T.S. Nos. 2402, 2403 and 2725 situate at Yeola, District Nasik, which originally belonged to the defendant and purchased by the plaintiff-decree holder with the permission of the Court in execution of the decree the plaintiff obtained against the defendant in Civil Suit No. 36 of 1942. The auction sale was held on 16th September, 1953 and 9th October, 1953 and it was confirmed on 19th November, 1953. The plaintiff purchased those properties and one more property bearing C.T.S. No. 2043 in the auction sale for Rs. 56,000/-. The plaintiff was awarded sale certificate. The name of the plaintiff was also recorded as owner thereof in the municipal records. There were some tenants on the land and some property was in possession of the defendant. It is the case of the plaintiff that the defendant agreed to deliver possession out of Court and from time to time assured the plaintiff that he would deliver possession and as per the assurance of the defendant the plaintiff kept quiet. In or about 1975 the plaintiff requested the defendant to attorn the tenants to it. The defendant failed to do so and hence the plaintiff filed this suit for recovery of possesion of the property and also claimed future mesne profits.

(2.) The defendant resisted the claim on the ground that the suit was barred by limitation. He also contended that the suit as brought was not tenable.

(3.) On the above pleadings, the learned trial Judge raised necessary issues and after referring them to trial he held that the defendant failed to prove that he perfected his title to the suit property by adverse possession. He found that the suit was within time and that the plaintiff was entitled to the possession of the property except C.T.S. No. 2043. On these findings he decreed the plaintiffs suit for possession of the said property and directed enquiry into future mesne profits under Order XX, Rule 12(1)(c) of the Code of Civil Procedure, 1908.