ASHISH ASHOK KUCHEWAR Vs. VITTHAL MAHADEORAO KUCHEWAR

JUDGEMENT

(1.) In Regular Civil Suit No. 172 of 1994, the trial Court passed a decree of permanent injunction restraining the defendants from disturbing the possession of the plaintiff over the suit property. The lower appellate Court has reversed the decision of the trial Court and the suit has been dismissed. Hence, the original plaintiff is before this Court.

(2.) The plaintiff claimed to be the owner of the suit property on the basis of Will dated 103.1993 said to have been executed by Smt. Shantabai in respect of the suit property which was registered on 05.05.1994 i.e. after the death of Shantabai on 18.01.1994. The trial Court records the finding that the plaintiff is found to be in possession of the suit property. The lower appellate Court has reversed this finding and it is held that the plaintiff has failed to establish possession over the suit property. The finding of the lower appellate Court is based upon the documents available on record and it is a possible view of the matter. The lower appellate Court also dismissed the suit on the ground that the legal heirs of Smt. Shantabai were not joined as parties to the suit and the title could not be established on the basis of Will dated 103.1993.

(3.) On 09.02005, this Court admitted the matter and passed an order framing substantial question of law as under;