ADINATH LIMBAJI NAVALE Vs. POLICEMAN HOUSING SOCIETY BEED

JUDGEMENT

(1.) These three appeals and cross-Objection arise out of Judgment rendered by learned Civil Judge (Senior Division) , Beed in suit for recovery of possession and mesne profits. (Special Civil Suit No. 14 of 1973).

(2.) For sake of convenience, the parties may be referred to by their nomenclature in the trial Court. First Appeal No. 748 of 1977 (APP-I) is preferred by original defendant Nos. 1 to 8. First Appeal No. 618 of 1979 (APP-II) is preferred by original defendant Nos. 9 and 10, who are housing societies. First Appeal No. 257 of 1979 (APP-III) was preferred by original plaintiff No. 3 Fatema Begum. She died during pendency of the appeals and nothing significant has remained to be decided in her appeal. Cross-Objection is preferred by original plaintiffs. They impugn a part of the decree regarding refusal of mesne profits. The appellants in APP-I and APP-II seek to impugn Judgment and decree for possession. Deceased appellant in app-III had impugned rejection of her claim as a co-owner for recovery of her share.

(3.) Original plaintiffs have died and their legal representatives have been substituted in their stead. Deceased plaintiff No. 1 - Abdul sattarkhan was a Superintending Engineer in andhra Pradesh and used to reside at Hyderabad during tenure of his service. Deceased plaintiff no. 2 - Abdul Jabbarkhan was a Driver employed in M. S. R. T. C. He used to reside at beed. Original plaintiff No. 3 - Fatima Begum was a widow and mother of deceased plaintiff nos. 1 and 2, who were real brothers inter - se.