KALAWATIRAMESH AKARTE Vs. MANORAMA BABURAO JAULKAR

JUDGEMENT

(1.) This is an appeal by the defendant who was unsuccessful in both the Courts below. The parties shall hereinafter be referred to as plaintiff and defendant.

(2.) The facts giving rise to the appeal are as follows:

(3.) The defendant No.1 filed Written Statement. He admits that he purchased the house from Kamalbai Rokde by sale deed dated 03.09.1977. It is alleged by the defendant that Kamlabai's husband Baburao had purchased the suit property from its original owner Krishnarao Armarkar and his mother. She had purchased the property 20 to 22 years ago. Therefore Baburao and his wife Kamlabai were living in the suit house as owner thereof. Since Kamlabai was not in a position to pay the taxes etc. and maintain the property she sold the suit property to the defendant. It is further contended that Kamlabai was in possession of the suit property as the owner thereof openly and to the knowledge of everybody and, therefore, she had become the owner of the suit property by adverse possession. It is contended that therefore no valid title passed in favour of the plaintiff and in fact defendant had become the owner of the suit property.