GULAB MARUTI AMBEKAR Vs. CHANDRASHEKHAR MADHUKAR TIKHE

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order passed by the Addl. Ad hoc District judge, Pune, dated 14-7-2005 allowing the appeal and setting aside the judgment and order passed by the trial Court in R. C. S. No. 1571 of 1982 dated 31-7-1999.

(2.) I have heard the learned Counsel for both parties. Perused the record.

(3.) The plaintiffs filed the suit for declaration and injunction and in the alternative for possession of the suit property which consisted of Survey Nos. 53/3-A, 53-3-AA, 54/ 3-A and 55/12-3-A, situated at village monammedwadi, Tal. Haveli, Dist. Pune. It was the case of the plaintiffs that the lands were alleged to be belonging to the father of plaintiffs and husband of plaintiff No. 3 by name Madhukar Tikhe. Said Madhukar tikhe died on 30-12-1971 and the lands were inherited by the plaintiffs. The common ancestor of defendants by name Maruti Gopal ambekar was alleged to be the tenant in the suit property, however, the tenant alleged to have surrendered the lands in favour of the landlord Maruti and his surrender came to be asserted by the competent Court. Thereafter, father of plaintiff Madhukar alleged to have sold l/2 portion from the suit property in favour of Maruti and executed the sale deed on 15-3-1964. It is the case of the plaintiffs that the defendants were trying to obstruct the plaintiffs' possession over portion in the suit lands. The obstruction was alleged to be commenced in between 18-4-1981 to 24-4-1981. Thereafter, the plaintiffs amended the plaint and contended that, during the pendency of the suit the defendants forcibly dispossessed them from portion of the suit lands and hence the suit came to be filed for possession and consequential reliefs.