SIRIDAO ESTATE PVT LTD Vs. SITA RAMA KANKONKAR

JUDGEMENT

(1.) THIS is plaintiff's second appeal arising from R.C.S. No.58/88/B.

(2.) THERE is no dispute that the plaintiff is the owner of the property known as "Palem" surveyed under No. 56 of Siridao village and "bhatkar" of the respondent in respect of a structure identified in the survey records under No.34 and bearing House No.436 of the Village Panchayat. The said house was recorded in the Record of Rights in the name of Rama Vithal Kankonkar, the father of the defendant.

(3.) THE case of the defendant was that the suit house was in existence since about 15 years and the same was constructed by the father of the defendant with the permission and consent of the Dempo family and also residing lawfully in it and since the late father of the defendant resided in the suit house lawfully and with the consent of the Dempo family, he resided as a mundkar of the Dempo family and since the suit house became in dilapidated condition and required urgent repairs, therefore, the defendant made repairs to the suit house and renovated the same. The defendant stated that the old house had a plinth of 48 meters and even after the renovation it had the same area.