LAWS(BOM)-2015-8-318

REUBAI TULSIRAM Vs. BABALAL HUSENBHAI

Decided On August 20, 2015
Reubai Tulsiram Appellant
V/S
Babalal Husenbhai Respondents

JUDGEMENT

(1.) The appeal is filed against judgment and order of Regular Civil Appeal No.166/1981 which was pending in District Court, Beed. The appeal was filed by present appellant to challenge judgment and decree of Regular Civil Suit No.124/1978. This Suit was filed by present appellant for relief of injunction against respondents and the Suit is dismissed by the trial Court. Heard learned counsel for the appellant.

(2.) This Court had admitted the Appeal on following substantial question of law :

(3.) It is the case of plaintiff that the defendant put him in possession of 1/4 portion of Gat No.63 situated in village Umri, Tq. Beed under agreement of sale on 14/12/1974. It is contended that defendant had agreed to sell property for consideration of Rs.5000/- and out of that amount, an amount of Rs.3000/- was paid to defendant on the date of the agreement and the remaining amount was to be paid on the date of execution of sale deed. It is the case of plaintiff that her name is entered in possession column of revenue record as she got possession of the suit property. It is her case that defendant then tried to disturb her possession. She has given the instances to make out cause of action and she had prayed for the relief of permanent injunction.