KESHAV S O DATTRAM Vs. YAMUNABAI

JUDGEMENT

(1.) The plaintiff has filed this revision challenging the order dated 30th July, 1982 passed by the learned Civil Judge (Senior Division), Nanded in Civil Suit No. 10 of 1976 by which the learned Judge set aside the record of compromise made by the learned Judge on 28th July, 1976. He further ordered that the suit to proceed according to law.

(2.) The plaintiff had filed a suit against two defendants claiming recovery of possession on the ground that the plaintiff is the adopted son of deceased Dattram and defendant No. 2 who happens to be daughter-in-law of defendant No. 1, is denying his title. Defendant No. 1 is the mother of deceased Dattram. Both the defendants are disputing the title of the plaintiff who is the adopted son of deceased Dattram. It was alleged by the plaintiff that defendant No. 2 falsely claimed to be the wife of deceased Dattram. In fact, she was not related to Dattram at all. Dattram never met defendant No. 2.

(3.) It was also disclosed by the plaintiff that defendant No. 1 had filed a Civil Suit No. 52 of 1974 against defendant No. 2 claiming possession and ownership of certain lands and which was pending in the Court of the Civil Judge (Junior Division), Hadgaon. The plaintiff claimed that he alone is the owner and entitled to possession of the lands belongings to deceased Dattram. He also relied on a wall and prayed for a decree of possession of the suit lands. This suit was filed on 14th February, 1976.