SUGRABEE Vs. MUBARAK MEHBOOD PATHAN

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned District Judge, Osmanabad, in an appeal (RCA No.20/1984), whereby and whereunder, judgment and order pertaining to dismissal of suit (RCS No.94/1978) came to be reversed.

(2.) Original defendant - Sugrabi is appellant herein, whereas original plaintiff - Mubarak is the Respondent. For sake of convenience, they will be referred hereinafter as per their nomenclature in the trial Court. The dispute relates to an agricultural land bearing S.No.10-A, admeasuring 13 acres 5 gunthas situated at village Wanegaon under Tuljapur Tahsil (Dist. Osmanabad). This land will be referred hereinafter as "the suit land".

(3.) Admittedly, the suit land was originally owned by deceased Basha Maheboobkhan Pathan. He died issueless in or about 1971. He was old aged person. He was, admittedly, suffering from leprosy.