NATHU YESHWANTRAO BHUSARI Vs. SONABAI

JUDGEMENT

(1.) AN application for review filed in the year 1982 seeking review of the judgment of the learned Single Judge of this Court passed on 19.12.1981 in Second Appeal No. 72 of 1970 arising out of the suit filed in the year 1965 is the subject matter of decision by us.

(2.) THE original plaintiff Nathu son of Yeshwantrao Bhusari filed a suit for possession of the land in question comprising of Khasra Nos. 50/1 and 111 situated at village Sirpur in Umred Tahsil against the original defendants Jagannath Sitaram Ganar and Motiram Sitaram Ganar and Ors. in the Court of Civil Judge, Junior Division, Umrer, The original plaintiff also prayed for decree for mesne profits for the years 1962 -63 and 1963 -64 amounting to Rs. 1500/ - and subsequent period prayed for an inquiry into mesne profit from the date of suit till delivery of possession. It was inter alia averred by the plaintiff that under the registered sale -deed dated 5.7.1956 he had purchased the disputed property, and the defendant No. 1 was his servant, who* was looking after maintenance of the field and growing vegetables in these 'two fields, but the defendant No. 1 did not properly render the account and, therefore, his services were terminated. According to the plaintiff, even thereafter the defendant Nos. 1 and 2, who are father and son, continued to be in possession of the property.

(3.) IN view of the pleadings of the parties, the Trial Court framed seven issues and after recording the evidence and hearing the counsel for the parties, dismissed the plaintiffs suit vide judgment and decree dated 30.9.1967.