ANANDRAO SARJERAO ENGAWALE Vs. MANSINGH RAMRAO ENGAWALE

JUDGEMENT

(1.) THE judgment and decree passed by the Civil Judge, Senior Division, Kolhapur in Special Civil Suit No. 159 of 1981 dated 21st February, 1986 is under challenge in this appeal. The appellants are the plaintiffs in the suit. The original plaintiff filed the suit for declaration of possession and title of the suit property and also for recovery of possession and other consequential reliefs. By the impugned judgment, the Court below dismissed the suit.

(2.) THE case of the plaintiffs-appellants is that the suit property is an apartment which is a part of the building situated in Ward-B C. S. No. 2606 B, admeasuring 331. 9 Sq. metres in Kolhapur Municipal Corporation. Half portion of the building has been purchased by the plaintiffs and other half portion was purchased by one V. T. Ghatage. The two apartments comprise in Eastern part and Western part of the building. The plaintiffs purchased the Western portion of the property and V. T. Ghatage purchased Eastern side of the property. The property was belonged to Smt. Anandibai R. Ingawale. She sold the portion of the property to the plaintiff for a consideration of Rs. 20,000/- and, therefore, he has become the owner of that portion of the property. The sale deed was executed by Anandibai in favour of the plaintiff on 27-10-1969. On the same day, for the same amount, the other half portion on the eastern side as mentioned above has been sold to aforesaid Ghatage by Anandibai. It is the case of the plaintiff that since then he is the owner of the property.

(3.) DEFENDANT No. 1 is the adopted son of the aforesaid Anandibai. Ghatage is the brother of Anandibai. The 1st defendant, after the death of the Anandibai interfered with the possession of the suit property of the plaintiff. He tried to induct the tenants. It is the case of the plaintiff that the 1st defendant has no interest in the suit property. The original plaintiff died and his legal representatives are the present plaintiffs