MANIKRAO AND ORS. Vs. GANGUBAI AND ORS.

JUDGEMENT

(1.) THE appeal is filed against the judgment and decree of Regular Civil Suit No. 671/95 which was pending in the Court of the Civil Judge, Junior Division, Nanded and also against the judgment and order of Regular Civil Appeal No. 14/1997 which was spending in the District Court Nanded. The suit filed by the present respondents for relief of declaration of ownership and relief of possession in respect of agricultural land is decided in their favour. Both the sides are heard.

(2.) THE suit was filed by present respondents in respect of three agricultural lands like Survey No. 272/1 called as Gadi Marg, Survey No. 315/B/5 called as Dagdi and Survey No. 328/B/1 called as Mala and situated at Rohipimpalgaon, Tahsil and District Nanded. It is the case of the plaintiffs that these properties were owned by Sheshrao. Sheshrao was husband of plaintiff No. 1 and he was father of plaintiff Nos. 2 and 3. Defendants Nos. 1 and 2 are real brothers of Sheshrao.

(3.) IT is the case of the plaintiffs that during last one year no crop share was given and then plaintiffs realised that some revenue record was prepared behind their back in respect of the suit property to show that the defendants have become owner of the property. It is contended that in June 1995 they first demanded back possession of the lands from the defendants and as they refused, the suit was required to be filed. The suit was filed in the year 1995.