LALITA BAI ISHWARPRASAD CHOPRA Vs. PUNDLIK DATARAM RANGARI

JUDGEMENT

(1.) THIS is a revision application filed by the defendant who raised objection through Exh. 11 to the maintainability of the present respondent's suit in Regular Civil Suit No. 1749 of 1995.

(2.) PETITIONER herein had filed Regular Civil Suit No. 521 of 1979 for the relief of perpetual injunction, in which the present respondents were the defendants along with one Devidas Shivram Tambulkar. In the said old suit, suit property was described as Plot No. 5 in Kasturba nagar Layout which was in part of Khasra No. 7 Mouza Jaripatka, Ph. No. 11, admeasuring 60' x 50' = 3000 sq. feet, more particularly described in the plaint therein.

(3.) THE defendants No. 1 and 2 therein (present respondents) filed Written statement and claimed that they were in possession of the suit property on the basis of part performance based on agreement of sale dated 16-1-1971 executed by Devidas Shivram Tambulkar. They further pleaded that their title was perfected by two sale deeds executed by Devidas Shivram Tambulkar, and pleaded that the sale deed dated 16-2-1972 relied upon by the said plaintiff was invalid and he had no right to claim any right whatsoever on the basis of the sale deed dated 6-1-1972 through which the said plaintiff claimed to be owner and prayed for dismissal of the suit.