SHIOCHARAN RAMCHARAN GADHE Vs. PANDURANG BISAN KUMBHAR

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 30-4-2005 passed by the 13th Ad-hoc Additional District Judge, Nagpur in Regular Civil Appeal No. 533/1993 filed by the appellant, dismissing the same and allowing Regular Civil Appeal No. 122/1994 that was filed by respondent No. 1 against the judgment and decree dated 18-8-1993 passed by the 7th Jt. Civil Judge (J.D.), Nagpur in Regular Civil Suit No. 996/2977, the present appeal was filed.

(2.) In support of the present appeal, learned Counsel for appellants raised following substantial questions of law.

(3.) Advocate Shri Somalwar for appellants contended that the appellant was not a party to the earlier civil proceedings which were decided and therefore, the first appellate Court could not have applied the principles of res judicata and dismissed the suit filed by the appellant. He further argued that there is no presumption about purchase of suit property by Kisan from out of the funds of the ancestral property and it was wrong to assume that the property was not self acquired. He further argued that at any rate defendant No. 1 - Pandurang had lost the share as admittedly he was not in possession of the suit property for over a period of 12 years.