NARAYAN YESHWANT PEDNEKAR Vs. SABAJI VISHRAM CHAMANKAR

JUDGEMENT

(1.) The appellants being aggrieved by the judgment and decree dated 10th January, 2005 passed by the District Judge, Sindhudurg in Regular Civil Appeal No. 123 of 1987, confirming the judgment and decree dated 16/10/1987 passed in Regular Civil Suit No. 21 of 1983 by the Civil Judge, Junior Division, Vengurla and allowing the cross objection filed by the respondent, preferred this appeal on questions of law and various other grounds.

(2.) The appellants and respondent to.5 are original defendants in regular Civil Suit No. 21 of 1983 filed by, respondent Nos.1 to 5, the heirs of original plaintiff, who died during the pendency of proceedings. The said suit was filed for a declaration that original plaintiff/respondent 1 to 5 are the owners and are in possession of the suit lands and are cultivating the same and the appellants/defendants be restrained from interfering with their possession.

(3.) In the year 1984, the appellants/defendants filed their say-cum-written statement and resisted the suit and contended that they are in continuous use, occupation and in possession of the suit lands and are cultivating the same and/or are "Vahiwatdar" and are enjoying the yields therefrom. In the alternative the appellants also contended that they are the tenants of the suit lands much prior than the tillers day and are protected tenants and, therefore, the issue is required to be considered by the court in proper perspective. Several other contentions were raised and it was prayed that the suit be dismissed.