VASANT RAJARAM NARVEKAR Vs. ANKUSHA RAJARAM NARVEKAR

JUDGEMENT

(1.) SHRI Vasant Rajaram Narvekar, the original plaintiff in Regular Civil Suit No. 71 of 1975 on the file of Civil Judge Junior Division. Malvan. District - Sindhudurga has preferred this Second Appeal against the judgment and decree passed by the Assistant Judge, Ratnagiri in Civil Appeal No. 113 of 1978 on 17th April. 1984.

(2.) THE facts giving rise to the present appeal are as under : the present appellant Shri Vasant Rajaram Narvekar is son of Shri Rajaram Laxman Narvekar. Smt. Bhagirathi is the wife of the said Rajaram Laxman Narvekar. Defendant No. 1 Ankush, defendant No. 9 Yashwant and defendant No. 10 Prabhakar are brothers of the appellant Vasant Rajaram-Narvekar and they are sons of Rajaram and Bhagirathi Rajaram Narvekar. These four brothers have got 2 sisters by name Asha and Gulab. Asha was married to Sitaram Phansekar. She lost her husband in the year 1950 and then she returned to her parental house and she entered the witness box as P. W. 1 as the plaintiffs witness No. I to support the claim of the original plaintiff-appellant Vasant Rajaram Narvekar.

(3.) THE property in dispute is a land and a house building standing thereon situated within the Municipal limits of Malvan. The said property is bearing Municipal House No. 2794. The appellant-original plaintiff has come before the Court with a case that the suit property is donated. Defendant No. 2 is wife of the defendant No. 1 Ankush. It is the claim of the plaintiff that defendant Nos. 1 to 8 are wrongfully in occupation and possession of the portion of the said house property. Though he had asked them to vacate the said property, they are not ready and willing to vacate the same. He, therefore, brought the present suit to get declaration that he is the owner of the suit property and to get a decree of possession against defendant Nos. I to 8 and to get a decree of perpetual injunction restraining them from disturbing his possession Vahiwat of whole of the suit property.