GANGADHAR VITHAL KALE Vs. SHYAMLAL BHIKCHAND RATHOD

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Additional District Judge, Nanded, in an appeal (RCA No.284/1983) whereby and whereunder judgment and decree rendered in a suit (RCS No.442/1982) came to be reversed.

(2.) Appellant is the original defendant and Respondents are legal representatives of deceased plaintiff. The dispute relates to an agricultural land bearing survey No.76/Hissa No.6, to the extent of 25 gunthas area, out of the total area of 75 gunthas, situated at village Vasarni under Tehsil and district Nanded. This parcel of the land will be referred, hereinafter, as "the suit land".

(3.) The deceased plaintiff filed suit (RCS No.442/1982) for recovery of possession of the suit land on basis of title, which he derived from deceased Maneji @ Manika s/o Dattaram, who was admittedly original owner thereof, on basis of a registered sale deed (Exhibit-21) dated 5th November 1971, executed in his favour. He asserted that the defendant / appellant had no right or interest in the suit land. Still, however, the appellant unlawfully dispossessed him in or about 1975 and claimed certain rights on basis of an agreement of sale, which was allegedly executed by original owner Maneji @ Manika s/o Dattaram in his favour. He further asserted that said Maneji @ Manika never executed any agreement of sale in favour of the defendant / appellant and yet, illegally, the possession of the suit land was being enjoyed by the latter. Consequently, he sought recovery of possession along with compensation @ Rs.1000/- per year on account of unlawful enjoyment of the suit land by the defendant / appellant.