ILIAHKHAN YOUNUSKHAN Vs. TALAYARKHAN SHERKHAN

JUDGEMENT

(1.) This Second Appeal is filed by original Plaintiffs whose suit for declaration and injunction bearing Regular Civil Suit No. 231 of 1983 was dismissed by the learned Joint Civil Judge, Junior Division, Parbhnai on 21.2.1986; which judgment and decree is further confirmed by the learned District Judge, Parbhani in Regular Civil Appeal No. 74 of 1986 decided on 13.10.1988.

(2.) Some of the facts giving rise to this litigation and admitted at this stage can be stated thus;

(3.) It is the case of the appellants- plaintiffs that in or about 1954, Respondent No. 4 Sherkhan orally gifted survey No. 151 (Gat No. 308) and Survey No. 202/2 (Gat No. 459) situated at village Lohgaon, Taluka and District Parbhani. At that time, Younuskhan was minor. Younuskhan continued to be in possession of the suit property till his death in 1969. Thereafter appellants-plaintiffs, who were his son and widow respectively, became owners and possessors of the suit property. Respondents started disturbing plaintiffs' possession by challenging their ownership and hence, the suit was filed for declaration and possession.