VITHAL BUDHAJI MHASKAR Vs. KRISHNA JOMA MHASKAR

JUDGEMENT

(1.) THE present appeal is by original defendant seeking exception to judgment and decree dated 23.3.1994 passed by the District Judge Raigad in Civil Appeal No.155 of 1991.

(2.) THE appellants was owner of suit premises admeasuring 60' x 24' situated at Village Narpoli. The appellant sold the suit property to respondent. The said sale deed is registered and on the basis of the said Deed, respondent was put in possession. In the year 1985, the respondents filed suit for a declaration and injunction as there was obstruction.

(3.) PARTIES adduced oral and documentary evidence in support of their contention. The trial Court found that the present respondent is in possession of the suit property, however, dismissed the suit on the ground that the sale deed in favour of the respondent is not proved and the signatures were obtained by fraud. Thus, the respondent's suit was dismissed.