NARAYAN Vs. TRIMBAKRAO GOPALRAO BAGDE

JUDGEMENT

(1.) The appellant Narayan Harnuji Bhalme, who was the original plaintiff in Special Civil Suit No. 16 of 1965 before the Civil Judge, Senior Division, Chandrapur has come up in appeal against the decree of dismissal of his claim for possession of the landed property conveyed to him by the deceased Trimbakrao under the sale deed dated 27th Aug., 1952. This property conveyed to him is described in para. 1 of the plaint and also the schedule attached to the plaint. In the alternative he claims partition and separate possession of his half share of that property. Mesne profits to the tune of Rs. 6,000/- for 3 years preceding the date of the suit are also claimed. Further direction into mesne profits from the date of suit till realisation of possession is also claimed.

(2.) Facts giving rise to this litigation may be briefly stated as follows : The deceased Trimbakrao Gopal Begde (Original defendant No. 1) and Krishnarao Begde (the deceased father of original defendant No. 2) were the cousin brothers. The family owned extensive property at different villages in Chandrapur District. We are not concerned with the other property. The property consisting of survey No. 57 admeasuring 5.47 acres; Survey No. 58/1 admeasuring 9.47 acres, Survey No. 60 admeasuring 1.84 acres and survey No. 158 admeasuring 34.37 acres, situated at village Khambada in Warora tahsil of Chandrapur district, was owned jointly by these two cousin brothers. There was a partition between these two persons in 1917 or so. Though the other property was partitioned by metes and bounds in that partition, the suit property consisting of the four fields of village Khambada was not in fact partitioned by metes and bounds. However, this property was physically partitioned and each brother enjoyed this property separately. Trimbakrao had half share in the property, whereas Krishnarao had the remaining half. This property is alleged to have been assessed to land revenue of Rs. 38/-.

(3.) It is the case of the plaintiff that the deceased Trimbakrao sold his half share of these four fields to the plaintiff under a registered sale deed dated 27-8-1952 for Rs. 10,000/-. As the crops were standing in those fields, the possession was deferred and it was to be delivered after the removal of the crops. It is his contention that on or about 6-6-1953 Krishnarao put him in possession of 12.33 acres of land out of these fields. The remaining land continued to be in possession of Krishnarao. It is alleged that after this sale deed, there was an amicable work-out between the present plaintiff, Trimbakrao and Krishnarao. In spite of this work-out, the remaining land remained in possession of Krishnarao and in fact due to the workout arrived at in 1955 between these three persons, the plaintiff was to be put in possession of 25.57 acres of land The deceased Trimbakrao, however, continued to be in possession of the remaining land. He sold the portions of the remaining land to the defendants Nos. 5, 6, 7, 8 and 9. This sale, according to him, is illegal as Trimbakrao has no title to convey this property title having already been vested in the present plaintiff. Thus the possession of Trimbakrao and the defendants Nos. 5 to 9 is illegal. The plaintiff many a time asked the defendant No. 1 and other defendants to put him in possession of the property, but on some count or the other the request was not complied with. Ultimately the plaintiff instituted this suit in the Court of Civil Judge, Junior Division, Warora on 27-8-1964.