PADMAJABAI DATTATRAYA KHATI Vs. SHRIRAM SHANKARRAO DESHMUKH

JUDGEMENT

(1.) This Second Appeal is admitted on 13.11.1991 and following substantial question of law has been framed:

(2.) I have heard Shri Chandurkar, Advocate for appellants/ original plaintiffs and Shri Deshpande, Advocate for respondent no.2.

(3.) Advocate Shri Chandurkar, points out that plaintiff purchased a residential house bearing no.25, plot no.3/6, consisting of two blocks by registered sale deed dated 2.6.1973 from the defendant nos. 1 and 2 i.e. the present respondent nos. 1 and 2. He states that for the purpose of Second Appeal it can be taken that the defendant no.2 was later on found to be minor and infact sale deed was executed on his behalf by his father . defendant no.3 in the capacity of mukhtyar and not as a guardian. On the basis of the said sale deed, plaintiff filed Regular Civil Suit No.39/1976 and that claim was opposed by all the defendants. Trial Court found that the plaintiff could not prove his title to the suit property and also could not prove that the defendants were in possession of the property as a licencee or she revoked licence of defendant no.3 by notice dt. 15.11.1975. The trial court therefore dismissed the suit on 27.2.1981. The plaintiff then filed Appeal vide Regular Civil Appeal No.38/1981 and the said appeal has been dismissed on 20.12.1990 by Additional District Judge, Khamgaon.