RAMCHANDRA GOVINDRAO KOTTAWAR Vs. DROPADBAI APPASAHEB DODMANI

JUDGEMENT

(1.) Appeal from Order is directed against the judgment and order passed on 29th July, 2000 in Appeal No. 477 of 1998 decided by the District Court, Pune. First Appeal is filed by the same appellant against the judgment and order dated 6th October, 2003 passed by the learned Civil Judge Senior Division, Pune while decreeing the suit of the respondents. In the present case, the parties are fighting for the possession of the common plot with construction thereon, as both the parties claim that they have purchased the suit plot from one Lalita Joglekar. It is in dispute that Lalita Joglekar was daughter of deceased Laxman, who died on 8th August, 1995 and was the earlier owner of the suit land admeasuring approximately 2250 sq.ft. with construction 750 sq.ft. This plot belongs to the Society.

(2.) It is the case of the appellant that Lalita Joglekar has entered into registered sale deed dated 27th October, 1988 with the appellant for Rs.30,000/-, however the possession of the suit plot was not given to the appellant because she has inducted the respondents temporarily for fees of Rs.500/- p.m. and these respondents have inducted defendant no. 3 in the original suit filed by the appellant. However, as on today, other persons are not on the plot except the respondents, who are husband and wife. The appellant, therefore, filed S.C. Suit No. 397 of 1990 on 12th March, 1990 for possession against the respondents. The said suit was decided and decreed on 8th June, 1998 against which the present respondents preferred Civil Appeal No. 477 of 1998 and the said Appeal was allowed and matter was remanded back by the judgment and order dated 29th July, 2000 which is under challenge in this Appeal against Order.

(3.) On the other hand, the respondents, who are in possession of the suit plot and premises, filed the Special Civil Suit No. 1329 of 1990 for specific performance on 6th November, 1990 and it was decided and decreed on 6th October, 2003, i.e., after the date of remand passed in Civil Appeal No. 477 of 1998. Against the said judgment and decree, the appellant filed First Appeal No. 1569 of 2003 and is pending before the Court.