SHANKARLAL RAMPRASAD LADHA Vs. VASANT CHANDIDASRAO DESHMUKH

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned District Judge, Parbhani, in an appeal (RCA No. 104/1980), whereby and whereunder judgment of learned Civil Judge (J.D.), Basmath, in a suit (RCS No. 28/1977), dismissing the same, came to be reversed.

(2.) Original defendant No. 2 preferred this appeal which is continued by his legal representatives after his death. He was purchaser of suit house properties bearing House Nos. G-91 and H-207 situated at Basmathnagar which is a Taluka place.

(3.) Respondent Nos. 1 to 3 are the original plaintiffs and respondent No. 4 is the original defendant No. 1. Admittedly, the suit house properties were in the hands of deceased Chandidasrao Deshmukh. He died somewhere in the year 1962, leaving behind him the respondents as his legal heirs. There is no dispute about the fact that the respondent Nos. 1 and 2 are the sons of respondent No. 3 and the respondent No. 4 is their step brother. At the time of death of Chandidasrao Deshmukh, the respondent No. 4 was his eldest son. He use to look after the agricultural and house properties of the family. The respondent Nos. 1 and 2 were school going boys when their father - Chandidasrao Deshmukh - died. The family of the respondents were having certain agricultural lands and a house property at village Kurta, besides the two suit houses. Out of the suit houses, house property No. G-91 was a constructed house whereas house No. H-207 was only an open space. The deceased appellant/defendant No. 2 use to reside in the proximity of the suit houses.