CHANDRASHEKHAR SHANKARRAO KULKARNI Vs. THE RAHUL SHIKSHAN PRASARAK MANDAL, THROUGH ITS SECRETARY SMT. SHEELA NARENDRA BONDEKAR

JUDGEMENT

(1.) SECOND Appeal No. 166 of 1986 is directed against the judgment and decree passed by learned III Additional District Judge, Aurangabad in Regular Civil Appeal (RCA) No. 49 of 1984. The appellant was the plaintiff in Regular Civil Suit (RCS) No. 539 of 1979 filed against the respondent/ defendant, which was decreed with costs by the learned Joint Civil Judge (S.D.), Aurangabad, by his judgment and decree dated 31.1.1987. Plaintiff in RCS No. 539 of 1979 is being referred to, hereinafter, as plaintiff Chandrashekhar and defendant in the suit is hereinafter, referred to as the defendant -trust, for the sake of convenience. Thus, the second appeal No. 166 of 1986 is by the original plaintiff -Chandrashekhar.

(2.) CHALLENGE in Second Appeal No. 369 of 1998 is to the judgment and decree passed in RCA No. 156 of 1996 by the learned II Additional District Judge, Aurangabad. RCS No. 174 of 1985 was filed by Rahul Shikshan Prasarak Mandal (plaintiff -trust) against the defendants i.e. Chandrashekhar and Sk.Gulam, for declaration of ownership and recovery of possession. Said suit was decreed by the trial Court by the judgment and decree dated 21.2.1995. Defendants, in that suit, are referred to as defendant Chandrashekhar and Shaikh for convenience.

(3.) BRIEF facts and allegations in the appeals are listed below: