DADA BHAGWAN SHINDE Vs. TULSABAI NARAYAN SHINDE

JUDGEMENT

(1.) This appeal challenges the judgment and decree passed by the learned District Judge in Regular Civil Appeal No.138 of 1981 dated 20th December, 1986. The present Appellants are the plaintiffs in Regular Civil Suit No.85 of 1976 and the Respondents are defendants in that suit. Parties hereinafter are referred to their status as plaintiffs and defendants, for convenience.

(2.) At the out set, it is to be noticed that the appeal stands abated against Respondent No.1 [Tulsabai Wd/o Narayan Shinde] by the order passed on 21st June, 2006. The Respondent No.3 Ganpat is served - absent. Advocate Mr. S.Y.Mahajan is representing the Respondent No.2/ defendant No.2. The Respondent Nos.2 and 3/ defendants No.2 and 3 are purchasers of the suit property from original defendant No.1 Tulsabai Wd/o Narayan Shinde.

(3.) Regular Civil Suit No.85 of 1976, filed by the plaintiffs, was for cancellation of sale-deed and possession of the suit property, which, after recording evidence, came to be dismissed by the trial Court. The unsuccessful plaintiffs, carried the matter by filing Regular Civil Appeal No.138 of 1981 in the Court of learned District Judge, Osmanabad, who, after hearing the parties, dismissed the same. It is this judgment and decree, passed by the first Appellate Court, is the subject matter of this second appeal. This second appeal was admitted by this Court on the substantial question of law - "Is defendant entitled to benefit of the provisions of Hindu Women's Right to Property Act, 1937 which was made applicable to Marathwada Region in 1952 -.