GULAB BABALAL UGARE Vs. HUSAINALLI DASTGIR UGARE

JUDGEMENT

(1.) The appeal arises from the decision of the Third Additional District Judge, Sangli in Regular Civil Appeal No. 287 of 1986. This judgment confirms the decision of the trial Court in Regular Civil Suit No. 108 of 1979. The appeal has been admitted on the following substantial questions of law:

(2.) The suit properties in the present appeal are City Survey Nos. 1258 and 1259. One Babalal Daval Ugare, who was the appellant's father, purchased the aforesaid properties from one Vantamore, It appears that Babalal expired in the year 1936. At this point of time he was survived by four sons, 1. Dastgir, 2.Chandulal, 3.Gulab (plaintiff) and 4.Dhurulal. The aforesaid property was resumed by the erstwhile Miraj State. Thereafter, Dastgir purchased City Survey No. 1258 in an auction. According to the appellant, City Survey No. 1259 was also purchased by Dastgir. The appellant claims that Dastgir purchased the aforesaid properties in his fiduciary capacity as the eldest male member of the joint family consisting of himself and three brothers including the plaintiff. Admittedly, the plaintiff and the defendants are Muslims. (hereinafter whenever the word "respondents" appears, it means respondents 1 to 9).

(3.) After the death of Dastgir, revenue proceedings were initiated in which the appellant sought to have his name included in the revenue records as owner of the property bearing City Survey Nos. 1258 and 1259. Since the revenue authorities decided against the appellant, he filed an appeal which was also dismissed in the year 1965. Admittedly, no steps were taken by the appellant to challenge the orders passed by the revenue authorities any further and they have thus become final.