JAGDISHSINGH DEONANDANSINGH Vs. FEKU JAMNAPRASAD YADAV

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree passed by the learned Judge, City Civil Court, Greater Bombay dated 26-10-1994 in S. C. Suit No. 6829/75 by the original defendant No. 1 the appellant herein.

(2.) THE suit was filed by respondent No. 1 and his widowed mother-original plaintiff No. 1 who died during the pendency of the suit; against the present appellant-defendant No. 1 and one Lalchand Gurjan Yadav as defendant No. 2 who died during the pendency of the suit but his legal heirs were not brought on record and the learned Judge in the order of decree declared a suit abated against defendant No. 2. The respondent Nos. 2 to 22 herein are the tenants of the suit property and respondents Nos. 23 to 25 are the legal heirs of the deceased plaintiff No. 1.

(3.) THE facts of the suit in brief are that, one Shri Jamnaprasad Yadav, the deceased father of the respondent No. 1 owned two plots of land admeasuring 250 sq. yards bearing C. T. S. No. 376 (Pt.) and 277 sq. mts. bearing C. T. S. No. 377 out of Survey No. 194 (Pt.) situated at Kanjur Village, Bhandup, Bombay on tenancy basis alongwith one Ramdas Shirvalkar Yadav and Ramdhani Dattani from Khot of Bhandup Shri Pratapsingh Mathuradas since 1950. It is the case of the plaintiff that in addition to the said plots, said Jamnaprasad Yadav was in open, continuous and uninterrupted possession of adjoining plot out of Survey No. 194 bearing C. T. S. No. 374 and claimed to be the owner of the said plot by adverse possession. The plan attached with the plaint showing the structures of chawls constructed thereon have been owned by said Shri Jamnaprasad individually and jointly with Shri Ramdas Shrivalkar and Ramdhani Dattani. It is the case of the plaintiff that the entire plot consisting about 1650 sq. yard together with structures was alleged to be in possession of said Jamnaprasad during his lifetime and after his death, the plaintiffs alleged to be in possession since May, 1972. It is the case of the plaintiff that the structures of chawls on C. T. S. No. 376 (Pt.) and 377 (Pt.) of Survey No. 194 (Pt.) were constructed in or about 1952 by said Jamnaprasad and the same were rented out to the tenants by him. It is alleged in the plaint that the said Jamnaprasad had put up a structure consisting of 14 rooms known as Chawl No. 4 on C. T. S. No. 374 of Survey No. 194 (Pt.) in or about 1965-66 which is the disputed subject matter of the suit and this appeal.