BABURAO DEORAO GAIKWAD Vs. SAHEBRAO RAMRAO GAIKWAD

JUDGEMENT

(1.) This appeal arises out of concurrent findings of trial Court and first appellate Court holding defendant/respondent entitled to protection under Section 53-A of the Transfer of Property Act.

(2.) Originally, Deorao Patilba Gaikwad and Ramrao alias Ramdas Sandu Gaikwad filed suit for recovery of possession of land S.No.58/1/B (Gut No.156) admeasuring 2 acres 33 gunthas. They asserted that original plaintiff No.1 - Deorao and father of plaintiff No.2, viz., Sandu jointly owned the suit land. Since father of defendant, by name, Sakharam Gaikwad was distinctly related to them, they gave the suit land for cultivation to him. The latter used to given them agricultural yield after deducting required expenses of cultivation. They noticed that the defendant manipulated certain revenue entries and hence, they called upon him to deliver possession. He did not comply. Hence, they filed suit for recovery of possession on strength of title.

(3.) The defendant denied all the material averments made by the plaintiffs. According to him, his father was cultivating the suit land as tenant of original plaintiff No.1 - Deorao and deceased Sandu, father of the plaintiff No.2, and thereafter vide an agreement of sale dated 16.5.1962 they agreed to alienate the suit land in his favour. He then paid earnest amount of Rs.400/- whereupon they executed the written agreement (Isar-Pavati). His possession was continued on the basis of such agreement. While he was continuing to hold such possession, deceased Sandu, father of plaintiff No.2, sold his half share by virtue of sale deed dated 2.11.1966 and, therefore, he became owner of the half undivided share of said Sandu. He claimed protection to the extent of undivided half share in view of Section 53-A of the Transfer of Property Act and for remaining half share in his own rights as owner. He asserted that the suit is false, vexatious and liable to be dismissed.