CHANDRASHEKAR KALLAPPA GOVINDE Vs. SIDHAPPA GENAPPA BIRAJDAR

JUDGEMENT

(1.) This is the Second Appeal filed by the original defendant No.1 against dismissal of the Regular Civil Appeal No.745 of 1983 wherein he had challenged the decree passed in Regular Civil Suit No.40 of 1978 in favour of the plaintiff, who is respondent No.1 before this Court.

(2.) To state in brief, the plaintiff Sharanabasappa had claimed that he had purchased the suit land Gat No.576 situated at Village Chapalgaon, Taluka Akkalkot, District Solapur from the defendant No.7 Sidhappa under a registered sale deed dated 2.8.1977 and he was also put in possession of the land. According to him, the defendant Nos. 1 to 6 were trying to interfere in his possession and therefore he filed the suit for perpetual injunction. In the alternative, he pleaded that if he was not found in possession, decree for possession be also passed.

(3.) The suit was contested by the defendant Nos. 1 to 4 and 6 wherein they denied the right and authority of the defendant No.7 to execute such a sale deed. The defendant No.1 also contended that defendant No.7 Sidhappa had entered into an agreement to sell the suit land to him on 20.7.1972. According to him, he was already in possession of that land as tenant and from the date of agreement, he was confirmed to be in possession of the land inart performance of the agreement. defendant No.5 also adopted the plea taken by the other defendants. The trial Court framed certain issues and came to conclusion that the defendants Nos.1 to 6 were not in lawful possession of the land. The plaintiff has become owner of the land on the basis of the sale deed. In the result, the trial Court passed a decree for possession against the defendant Nos. 1 to 6. The defendant Nos. 1 to 6 preferred Civil Appeal No.745 of 1983. That appeal was also dismissed and therefore, the original defendant Nos. 1 to 5 filed the Second Appeal. Later on, the appellant Nos. 2 to 5 were transposed as respondent Nos. 2 to 5. They are, in fact, the brothers of the defendant no.1, who is appellant before this Court. The original defendant No.6 is not before this Court. The original plaintiff is the respondent No.1.