BANUBI SHEIKH IBRAHIM Vs. SHEIKH AHEMAD SHEIKH MAHAMOOD

JUDGEMENT

(1.) By this appeal, the appellants challenge the judgment passed by the District Judge, Buldhana, in Regular Civil Appeal No. 48 of 1994, on 26th December, 1995, reversing the judgment and decree passed by the Joint Civil Judge, Jr. Dn., Buldhana, in Regular Civil Appeal No. 17 of 1992 on 14-2-1994.

(2.) Few facts giving rise to the second appeal are stated thus-

(3.) The defendants resisted the claim of the plaintiffs and pleaded that Sheikh Mahmud had orally gifted the suit property to the respondent Nos. 1 and 2 in presence of panchas, in the year 1948. According to the defendant Nos. 1 and 2, they became the absolute owners of the suit property in terms of the oral gift and some of the properties were sold by the defendant Nos. 1 and 2, to the defendant No. 3 as they were the owners thereof. It was pleaded by the defendant Nos. 1 and 2 that the suit was barred by limitation.