ATTAUR RAHEMAN FATEH MOHMMAD Vs. HARI PEERAJI BURUD

JUDGEMENT

(1.) This appeal was admitted by this Court on following three grounds, involving substantial questions of law :-

(2.) Heard Shri Deshpande, learned Advocate for the appellant, Shri agrawal, learned Advocate for respondent 1-b and Smt. Jamdade, learned advocate for respondent 1-c.

(3.) This appeal is filed by the plaintiff in Regular Civil Suit No. 107 of 1996, which was for declaration of ownership with recovery of possession of the suit house. The suit, after recording evidence, was dismissed by the learned Civil judge Junior Division on 29-2-1979. The dismissal of the suit was challenged by the plaintiff by filing Regular Civil Appeal No. 40 of 1979, under section 96 read with Order XLI of the Code of Civil Procedure ("cpc") in the District Court, parbhani. The learned Extra Assistant Judge, after hearing the parties, allowed the appeal and quashed, set aside the judgment and decree of the trial Court and decreed the suit on 20-3-1984. It is this judgment and decree, which is subject matter of the present second appeal.