DASHRATH GANPAT DHOTE Vs. GAJANAN MAHADEORAO WANKHEDE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16-11-1988 and decree passed by the learned 3rd Additional District Judge in Regular Civil Appeal No. 267 of 1984 whereby the appeal came to be dismissed by confirming the judgment and decree passed by the learned trial court with a direction that the defendant shall hand over the possession of the suit site as described in para 2 of the plaint to the plaintiff.

(2.) Brief facts are as under: the suit site is an open plot which has been purchased by the plaintiff under registered sale-deed dated 22-6-1976 from one Ramarao Shamrao Dhote who is the cousin of defendants No. 1 and 4. The father of plaintiff's vendor shamrao, Ganpat and Gulab are brothers and they were separate in estate and mess. Defendants No. 1 and 4 are sons and defendants No. 2 and 5 are the wives of defendant No. 1 and 4. Defendant No. 3 is the wife of Ganpat. It is contended that the suit site is in possession of plaintiff by virtue of the aforesaid sale-deed and the defendants have no right, title or interest in it and, therefore, he had instituted a suit initially for mandatory injunction against the defendant and subsequently amended the plaint and also sought the relief of possession.

(3.) The defendants resisted the claim of the plaintiff on the contentions that the suit site is the part and parcel of the Courtyard of their residential house which was originally owned and possessed by Ganpat as his self acquired property and had effected partition in the year 1969 dividing his residential house in three parts. The residential house of the defendants was partitioned amongst the defendants and the Court yard of the suit site remained in their joint possession. The bathroom and latrine situated in the suit site was under their joint use. The plaintiff or his father had no right, title or interest in the suit site and they were never in possession of the same. The defendants are in possession of the suit site since 40 years without any obstruction as of right and therefore they have perfected their title to it by virtue of adverse possession.