GUJABRAO Vs. PUNJABRAO AND ORS.

JUDGEMENT

(1.) THE appellant is the original plaintiff and the respondent No. 1 is the original defendant. They were the real brothers. The respondent no. 2 is the original defendant no. 2 and the son of the respondent no. 1. The respondent No. 1 died and his legal representatives are brought on record as respondent Nos. 1(i) to (vii). The parties shall hereinafter be referred according to their original status.

(2.) THE plaintiff filed Special Civil Suit No. 90/1993 simpliciter for grant of permanent injunction claiming that he is the owner of an agricultural land admeasuring 7 H. 85 R. out of Gat No. 51 situated at Vani and the respondent is trying to disturb his possession. The defendant Nos. 1 and 2 filed common written statement and the counter claim for declaration that they are the owners of 18.21 acres of land out of Gat No. 51, which is in possession of the plaintiff and hence, decree for possession has been claimed along with mesne profits. The Trial Court by its judgment and order dated 07.08.1993 dismissed the suit and allowed the counter claim. The plaintiff is directed to deliver the possession of area of 181/2 acres from Gat No. 51 of village Vani (Kasba), Tq. Babhulgaon, District Yavatmal. The Trial Court also directed the plaintiff to pay damages of Rs.30,000/ -for wrongful use of the area and encroachment. An inquiry into the mesne profits has also been ordered under Order 20 Rule 12(3) of the Code of Civil Procedure. Regular Civil Appeal No. 147/1993 preferred by the plaintiff has been dismissed by the Appellate Court by its judgment and order dated 04.02.1999. Hence, this Second Appeal by the original plaintiff.

(3.) ] What is effect of exchange of the fields in 1979 on the will said to have been executed by Anjirabai in 1971?