GANGUBAI SHENF ADU PATIL Vs. CHAVDAS KISAN PATIL

JUDGEMENT

(1.) HEARD learned Counsel for the appellants and learned Counsel for respondent No. 1.

(2.) PRESENT Second Appeal is preferred by the original defendant Nos. 1 to 7 against the judgment and decree dated 19-12-2003 passed by the District Judge-1, amalner in R. C. A. No. 20/2003 arising out of the judgment and decree dated 22-7-2003 passed by the Civil Judge, Junior Division, Chopda in R. C. S. No. 73/2001. The appellants are the original defendant Nos. 1 to 7 and respondent no. 1 is the original plaintiff. Respondent No. 2 is the original defendant No. 8 against whom the present Second Appeal has abated as per order dated 26-6-2009. (Hereinafter parties are referred as they appear in the trial Court ).

(3.) THE plaintiff filed R. C. S. No. 73/2001 in the Court of Civil Judge, J. D. Chopda for possession of agricultural land bearing Gat No. 172 at village Pimpri, taluka Chopda District Jalgaon. The plaintiff's contention is that the suit land gat No. 172 admeasuring 36 Ares was in the joint cultivation of mother of plaintiff and the defendants. However, after the death of the plaintiff's mother, the defendants occupied the entire suit land. Thereafter, the plaintiff repeatedly requested the. defendants to hand over his share in the suit land. In spite of repeated requests, the defendants failed and neglected to do so and therefore, the plaintiff issued a legal notice calling upon the defendants to hand over his share in the suit land Gat No. 172. Thereafter, the plaintiff filed present suit for possession of 50% share from Gat No. 172.